All Critical Decisions On New Excise Policy Taken At Kejriwal's Behest : CBI To Supreme Court

In a counter-affidavit filed before the Supreme Court opposing Delhi CM Arvind Kejriwal's pleas challenging arrest and seeking bail in the Delhi Liquor Policy case, the Central Bureau of Investigation has stated that all critical decisions in the formulation of the excise policy were taken at Kejriwal's behest and there is substantial evidence pointing to his involvement.

"The Petitioner does not hold any Ministerial portfolio, including that of Excise. However, it 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 Manish Sisodia", states the affidavit.

It may be recalled that Kejriwal has filed two petitions before the Supreme Court, challenging the Delhi High Court order of August 5, whereby his plea against CBI arrest was dismissed by a Single Judge bench with liberty to approach the trial Court for bail. Notice was issued on the said pleas on August 14.

The CBI has now filed a counter in one of these petitions, alleging that Kejriwal is trying to politically sensationalize the case before the Court, despite repeated orders passed by various courts being prima facie satisfied of the commission of the offences.

It states that data retrieved from the hard drives and mobile phones of co-accused have corroborated Kejriwal's connection to the transactions and policy decisions in question.

On merits of the case, it has further been said that in connivance with other accused persons, Kejriwal deliberately caused the manipulation of the Excise Policy 2021-22 and got enhanced the profit margin of wholesalers from 5% to 12% without any rationale, 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.

As per the agency, Kejriwal's arrest was necessitated as he was evasive in his replies and non-cooperative during interrogation, which impeded the investigation.

Insofar as his plea for interim bail on the ground that he is suffering from ill health, the agency contends that treatment can be provided to Kejriwal in Tihar jail hospital (or any other referred hospital, in custody).

Countering the reliance placed by Kejriwal on the bail orders passed in the money laundering case arising out of the alleged scam, the agency says that the same have no bearing on the corruption case.

The matter was listed today before a bench of Justices Surya Kant and Ujjal Bhuyan. On Additional Solicitor General SV Raju's request for time to file the CBI counter in the other petition filed by Kejriwal, the matter was posted for hearing on September 5.

For a detailed background of the case, click here.

Case Title: Arvind Kejriwal v. Central Bureau of Investigation, SLP(Crl) No. 11023/2024 (and connected case)