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Synopsis

The CBI has told the Supreme Court Delhi Chief Minister Arvind Kejriwal has played a pivotal role in the formulation of new excise policy in connivance with his then deputy minister, Manish Sisodia in lieu of Rs 100 Cr from co-accused in south group. It is the claim of the CBI that the money was received through Vijay Nair and used on Goa elections in 2021-22.

Justifying arrest of Kejriwal, the federal agency claimed that the was necessitated after his examination on June 25, 2024 since he remained "evasive and non-cooperative, gave evasive replies regarding his role and that of other co-accused in respect of criminal conspiracy hatched."

"His replies were contrary to the oral and documentary evidence gathered by CBI during the investigation and he failed to disclose the facts truthfully, despite being confronted with the incriminating evidence," the agency contended.

The CBI filed its response to the Special Leave Petition by Kejriwal. He is in the Supreme Court after the Delhi High Court's dismissal of his petition against his arrest by the CBI in the liquor policy scam case.

The agency has opposed his plea for bail or interim medical bail on the basis of the relief granted in a separate money laundering case, investigated by the Enforcement Directorate.

In an affidavit, the CBI said that the the accused Chief Minister does not hold any Ministerial portfolio, including that of Excise but all critical decisions were led by him and at his behest.

"However, it has emerged over a period of time that all the critical decisions in the formulation of the new Excise Policy were taken at the behest of the petitioner, in connivance with the then Deputy Chief Minister and Minister of Excise Sisodia," it said.

The CBI stated the now defunct policy was notified on May 25, 2021 having the provisions of enhanced profit margin of 12% for the wholesalers. 

"As such, the file relating to new excise policy of Delhi was moved in very hurried manner during the peak of 2nd wave of the corona pandemic. It has been confirmed by Pravesh Jha, Additional Secretary to the petitioner that he was asked by Bibhav Kumar, PA to the petitioner that the Chief Minister has desired that the draft excise policy has to be got approved by Council of Ministers through circulation urgently," it said.

Further corroboration of the complicity of the accused is evident from the fact that co-accused Butchibabu Gorantla, Abhishek Boinpally and Arun R Pillai had come to Delhi on May 20, 2021 in a Chartered Flight and had a meeting with the accused Vijay Nair, approver Dinesh Arora and some liquor businessman of Delhi at the guest house of Uttam Galva Company situated at Gauri Apartments, near Claridges Hotel, New Delhi on May 21, 2021. The said guest house was got booked by Bibhav Kumar, PA of the petitioner, it alleged.

The agency has claimed that the petitioner had got the funds used for the purpose of the Goa Elections, assuring the candidates of Aam Aadmi Party to not worry about the expenditure, which was taken care of by the party. 

The election expenditure of the Aam Aadmi Party for the Goa Elections, as per election expenditure submitted by AAP was only Rs 3,49,45,345, out of which Rs 2,43,30,760 has been made on Media Advertisement and Party Propaganda and, whereas, a meagre Rs 21,33,714 was shown to have been made on publicity materials including posters, banners, badges, stickers, cut-outs, hoarding, flags etc, it pointed out.

"The petitioner has been involved in the criminal conspiracy in the formulation and implementation of the Delhi Excise Policy 2021-22, more specifically when any or all decisions of the Government and the party were taken only as per his directions. He already had the pre-conceived idea of the privatisation of the Excise Policy," it said.

Kejriwal, in connivance with other accused persons, deliberately caused the tweaking and manipulation in the Excise Policy 2021-22 and thereby got enhanced the profit margin of wholesalers from 5% to 12% without any rationale, causing undue windfall gains to the wholesalers in lieu of the illegal gratification of Rs 100 crores from the South Group, to meet the election related expenses of Aam Aadmi Party at Goa, it alleged.

"It is also a matter of record that only on 14.07.2022, i.e. after the report of the Chief Secretary re the alleged offences, was the ex-post-facto approval to the decisions taken by Manish Sisodia, given by the Cabinet, again headed by the petitioner," it said.

The CBI stated it took all possible steps to complete the investigation of the case and filed its final charge sheet on July 29, 2024 against the accused persons including the petitioner, which fact has been duly considered by the High Court to arrive at its findings in the order, finding no illegality in his arrest in the case. The agency also pointed out the permission to investigate the petitioner was only received on April 23, 2024.

It also submitted the balance of convenience in the present case lies in favour of the CBI. 

"Any release of the petitioner on bail will gravely prejudice the trial of the case, which is at initial stage and key witnesses are yet to depose. A bail order in a separate ED case, in the unique facts and circumstances has no bearing on the case of the CBI," it said.

It said the influence and clout of the petitioner is evident, and he commands influence not only over the Government of GNCT of Delhi being the Chief Minister, but also over any or all relevant decisions activities concerning the Aam Aadmi Party, being its supremo and National Convenor. He enjoys close nexus with the officials and bureaucrats. The petitioner has also been confronted with sensitive documents and statements of the witnesses of the case during his custodial interrogation. Having such knowledge, he is likely to influence the witnesses of the case, it claimed.

With regard to his plea for interim bail on medical grounds, the CBI submitted that treatment can be provided to him of his ailments at the Tihar Jail Hospital or any of its referral hospital as per Jail Rules and Manuals. 

"No case has been made out by the petitioner to be released on medical bail, which ought to be granted only if the treatment is not possible in the Jail," it said.

The CM's plea was adjourned today after the court allowed CBI time to file another counter. It is now slated for hearing on September 5.

The Delhi CM was arrested on March 21st this year by the ED and obtained Supreme Court bail for campaigning but faced challenges in subsequent appeals. After obtaining interim bail in the ED case on July 12, he continues to be in custody on account of his arrest by CBI.

 

Case Title: Arvind Kejriwal Vs Central Bureau of Investigation