The Central Bureau of Investigation (CBI) has charged Delhi Chief Minister Arvind Kejriwal of attempting to ‘politicise’ the case arising from the Delhi excise policy issue in which he is an accused. Responding to this aspect in its affidavit to the Supreme Court, the CBI has said that all key decisions in the formulation of the contentious excise policy were taken under Kejriwal’s direction and it has enough evidence in support of its claims.
The affidavit was filed in the wake of Kejriwal’s bail petition in a case under the provisions of the Prevention of Corruption Act. The CBI has argued that while Kejriwal has no assigned ministerial portfolio, including Excise it was slowly revealed that he was the key formulator of the new excise policy. This, the CBI claims, was done in consultation with the then Deputy Chief Minister and Minister of Excise, Manish Sisodia.
CBI Investigation Details
Firstly, Kejriwal was summoned to join the investigation under Section 160 of the Criminal Procedure Code (CrPC) as one of the people who have knowledge of the case. But the agency was able to find material that triggered more suspicion as the investigation went on, concerning Kejriwal. The CBI has now come out to state that as the probe progressed, they found more and more that Kejriwal was a key player in the formulation of the policy. Therefore, the agency also applied and got a search warrant under Section 17-A of the Prevention of Corruption Act on April 23, 2024 to investigate Kejriwal.
In this period investigation against other accused persons proceeded while further proceedings were taken, which incriminating Kejriwal more. Kejriwal is trying to politically vendalise the case to his court amidst different courts satisfying the commission of offenses and taking cognizance of the matter is the affidavit called for. The CBI has limited its reply within the 4 walls of the case concerns while categorizing what it calls discussions of Kejriwal as unnecessary deductions.
Allegations of Policy Manipulation
Another key contention fanned by the CBI is that Kejriwal did alter the 2021-22 excise policy with an intention of raising the profit share of wholesalers from five to twelve percent without reasonable cause. The CBI says that this was done to obtain illegal gratification of Rs 100 crore from a group identified as the ‘South Group’ for funding the AAP’s poll campaign in Goa during the 2022 Assembly polls. The agency also said that when Kejriwal was confronted during interrogation in Tihar Jail he was very unhelpful.
Court Proceedings and Next Steps
Kejriwal filed two separate petitions before the Apex Court to appeal against the Delhi High Court ruling where he was arrested and denied bail. One of these cases concerned the CBI’s counter affidavit. On Friday, Kejriwal’s bail application was considered by a two-member bench of Justices Surya Kant and Ujjal Bhuyan. As the matter took place in court, Additional Solicitor General SV Raju for CBI prayed for more time to come up with a counter affidavit in the other petition also.
Kejriwal’s senior advocate A M Singhvi said that the CBI deliberately delayed the process by submitting the counter affidavit late on Thursday night when it could not be logged on Friday morning for the hearing. The bench gave one week time to the CBI to file the response on the matter and also gave two more days to Singhvi to file the rejoinder to the counter affidavit filed by the CBI. In the upcoming court hearing, the hearing is set on the 5th of September. This case remains active with political and jurisprudential repercussions as the probe into the excise policy and Kejriwal’s complicity intensifies.
News Source: The Indian Express
