NEW DELHI: CBI on Monday submitted a comprehensive 200-page chargesheet against chief minister Arvind Kejriwal and five others after completing its probe into the alleged irregularities in the framing and implementation of Delhi Excise Policy 2021-22.
The development took place 712 days after the agency had registered an FIR in the case and commenced its investigation.
CBI also pressed charges against AAP MLA MLA Durgesh Pathak, Aurobindo Pharma’s non-executive director Sarath Reddy, director of Buddy Retail Amit Arora, entrepreneur Ashish Mathur and hawala operator Vinod Chauhan without apprehending them.
Asserting that the CM facilitated the irregularities by being the apex authority, CBI has alleged his direct involvement in the “scam” by claiming that he personally handed over the “draft GOM” (group of ministers) policy report at his residence to DANICS officer C Arvind.
The IAS officer, who also served as secretary to former deputy CM Sisodia, has provided a judicial statement affirming that the report was given to him in March 2021 after Sisodia summoned him to the CM’s residence.
Final Chargesheet Has ‘New Evidence’
The draft GoM report was the new excise policy that was allegedly manipulated to benefit the liquor cartel. The DANICS officer had also testified that AAP’s communication in-charge, Vijay Nair, had brought a copy of the excise policy to be fed into a computer while Kejriwal was present there.
The final chargesheet also contains new evidence, including mention of details from an iCloud account, sources said. The chargesheet alleges that K Kavitha, a Bharat Rashtra Samithi MP, and liquor businessman Magunta Reddy convened with Kejriwal on March 16, 2021, in his office at Delhi Secretariat.
The chargesheet asserts that during this meeting, Reddy sought Kejriwal’s support for his liquor business in Delhi by requesting modifications to the Delhi Excise Policy 2021-22 that was in the works.
The chargesheet claims that Kejriwal pledged his support to Reddy and directed him to contact the accused, Kavitha, who was collaborating with his team on the formulation of the excise policy. CBI further alleges that Kejriwal instructed Reddy to provide financial contributions to his party, AAP.
The central agency’s chargesheet also mentions that certain individuals involved in the liquor business in south India paid advance kickbacks amounting to approximately Rs 100 crore to AAP politicians and other public servants through the co-accused. These kickbacks were allegedly paid to facilitate beneficial changes in the excise policy of 2021-22.
The agency has claimed these kickbacks were subsequently returned to some conspirators from the South lobby out of the profit margins of wholesalers holding L-1 licences through various means, including the issuance of excess credit notes, bank transfers and outstanding amounts left in accounts of controlled companies.
Additionally, CBI has alleged that a cartel was formed between the three stakeholders of the now-scrapped excise policy – liquor manufacturers, wholesalers and retailers – by violating provisions.
The chargesheet emphasises that all the conspirators actively participated in achieving the illegal objectives of the said criminal conspiracy, resulting in substantial losses to the exchequer and undue benefits to the involved public servants and other accused parties.
Citing statements of individuals engaged in campaign activities of AAP during the Goa elections, the agency has claimed that cash payments were made to them for roles like that of survey workers, area managers and assembly managers.
These individuals and campaign-related activities were collectively managed by Vijay Nair, who has been arrested in this case, and Durgesh Pathak, an AAP MLA, who has also been charged by CBI.
Hyderabad-based businessman Sarath Chandra Reddy was arrested by ED in November 2022. He turned approver in the case in June 2023 after he was granted bail on medical grounds. He has been charged too.
Kejriwal was arrested by CBI on June 26 from Tihar Jail while he was lodged in judicial custody in a connected money laundering case filed by ED. He was arrested by ED on March 21 but was recently granted bail by a trial court in the money laundering case on June 20. However, the trial court’s order was stayed by the high court. On July 12, Supreme Court granted interim bail to Kejriwal in the ED case.
The excise policy was scrapped in 2022 after the Delhi LG ordered a CBI probe into alleged irregularities and corruption in the formulation and execution of the policy.