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Delhi Excise Policy Scam Explained

Delhi Chief Minister Arvind Kejriwal has been arrested by the Enforcement Directorate (ED) on charges of money laundering and corruption related to the 2021-22 Delhi Excise policy. The arrest, which occurred on Thursday night, came after Kejriwal failed to comply with nine previous summonses from the ED for questioning.

The ED officials, accompanied by the Delhi police, arrived at Kejriwal’s residence in the evening. Following a brief interrogation, the Chief Minister was taken into custody around 9:15 pm, amidst protests by supporters of the Aam Aadmi Party (AAP). This development follows the Delhi High Court’s refusal to grant Kejriwal protection from arrest in the liquor policy case.

Despite assertions from AAP leader Atishi Marlena, “Kejriwal would continue to govern from jail if necessary. We have filed a case in the Supreme Court, and our lawyers are preparing for an urgent hearing
tonight,” she said.

However, the SC declined the urgent midnight hearing plea by the AAP leaders, and no special Bench was set up. Kejriwal’s arrest marks the third top leader of the AAP government in Delhi to be arrested. The ED arrested former minister Satyendar Jain in May 2022 on money laundering charges.

Deputy Chief Minister Manish Sisodia was arrested in February 2023. CBI named Sisodia and 14 other accused in its FIR, including AAP communications in-charge Vijay Nair, who was arrested in September 2022.

ALSO READ: “My Life Dedicated To Country”: Arvind Kejriwal

K. Kavitha, daughter of former Telangana Chief Minister K Chandrashekar Rao, was also arrested in Hyderabad on March 15 in connection with the same case.
In this case, the ED has made 16 arrests and attached assets worth Rs 128.79 crore.

On March 18, after Kavitha’s arrest, the Enforcement Directorate alleged Chief Minister Arvind Kejriwal was a conspirator in the case. According to the ED spokesperson, Kavitha and others conspired with top AAP leaders, including Kejriwal and Sisodia, to gain advantages in the formulation and implementation of the Delhi excise policy.

Allegedly, in exchange for these favours, Kavitha paid Rs 100 crore to AAP leaders. The ED claims that these corrupt practices generated a continuous flow of illegal funds in the form of kickbacks from wholesalers for the AAP.
The ED’s investigation into the Delhi Excise Policy case alleges that the policy was designed with loopholes to benefit AAP leaders and promote cartel formations in the liquor industry. AAP leaders are accused of receiving kickbacks from liquor businesses in exchange for preferential treatment, including discounts, license fee waivers, and relief during the COVID-19 pandemic disruptions.

What is the Delhi Excise Policy case?

The Delhi Excise Policy case dates back to November 2021, when the Delhi government, under Kejriwal’s leadership, introduced a new excise policy aimed at modernizing alcohol sales in the city. However, concerns were raised about the policy’s potential financial and public health implications.

Less than a year later, in July 2022, Delhi’s Chief Secretary Naresh Kumar reported violations in the policy to Lieutenant Governor (L-G) Vinai Kumar Saxena, who recommended a probe by the Central Bureau of Investigation (CBI). The report submitted alleged “financial losses to the exchequer” amounting to more than Rs 580 crore.

The ED alleges that the “scam” involved giving wholesale liquor businesses to private entities with a fixed margin of 12 percent in exchange for a six percent kickback. Additionally, AAP leaders are accused of influencing elections held in Punjab and Goa in early 2022.

CM Kejriwal’s response to the accusations:

Kejriwal has said that the ED summonses to him are being sent “at the behest of the BJP”.

Despite the allegations, Kejriwal claims that the ED’s actions are politically motivated and orchestrated by the ruling Bharatiya Janata Party (BJP). His legal team, Senior advocate Abhishek Manu Singhvi, argues that the summonses lacked specificity and amounted to a vague fishing expedition, infringing upon Kejriwal’s fundamental rights.

Timeline of events leading to Kejriwal’s arrest:

  • In November 2021, the Delhi government introduced a new excise policy to revamp alcohol sales in the city. However, it faces criticism for potentially promoting risky health behaviours.
  • In July 2022, concerns regarding significant policy violations prompted the Delhi Lieutenant Governor to order a CBI investigation following a report from the Chief Secretary.
  • In August 2022, The CBI conducted raids targeting Deputy Chief Minister Manish Sisodia and three others. Subsequently, the ED initiated a money laundering case linked to the liquor policy.
  • In September 2022, the CBI arrested Vijay Nair, the head of the Aam Aadmi Party’s communications department.
  • On February 2023, the CBI arrested Former Delhi Deputy Chief Minister Manish Sisodia.
  • The Enforcement Directorate arrested AAP leader Sanjay Singh in October 2023. The probe agency issued its first summons to Delhi Chief Minister Arvind Kejriwal.
  • In December 2023, The ED issued a second summons to Delhi CM.
  • Later, in January 2024, the ED issued third and fourth summonses to Kejriwal.
  • In February 2024, Kejriwal received four summonses from the ED on Feb 2, 14, 23, and 27, respectively. He declined to appear before the agency.
  • March 16, 2024, Bharat Rashtra Samithi leader K. Kavitha is arrested by the ED.
  • On March 21, 2024, The ED issued a ninth summons to Delhi CM Kejriwal, and the Delhi High Court denied him protection from arrest. Subsequently, the ED arrested Kejriwal from his residence.
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