AAP leaders Sanjay Singh, Manish Sisodia and now BRS leader K. Kavitha, who are involved in the Delhi liquor scam, have got bail from the Supreme Court. However, the most high-profile leader in this case, Arvind Kejriwal, is still awaiting release. Kejriwal got bail from the SC in July in the Enforcement Directorate case, but the decision in the CBI case has not come yet. The next hearing in this case is to be held on September 5. Experts say that the investigating agencies have made Kejriwal the kingpin in this entire scam, but the way the court on Tuesday has raised questions on evidence and government witnesses and reprimanded the agencies, it is possible that Kejriwal may also get relief soon. That is, after the bail of Sisodia and K. Kavitha, the hopes of Kejriwal’s release have also increased.
Delhi Chief Minister Arvind Kejriwal is currently lodged in Tihar Jail. The Enforcement Directorate arrested Kejriwal on March 21. ED and CBI cases are going on against Kejriwal. He got bail on July 12 in the ED case. While he is in jail in the CBI case. The CBI arrested Kejriwal on June 26 on corruption charges. On Tuesday, Delhi’s Rouse Avenue Court (trial court) extended Kejriwal’s judicial custody till September 3 (seven days). After the judicial custody ended, Kejriwal was produced in Kaveri Baveja’s court through video conferencing. The CBI had demanded that Kejriwal be sent to 14 days judicial custody. The CBI alleged that Kejriwal had promised to give Rs 90 lakh each to the candidates of all 40 assembly constituencies during the Goa elections (2021). This money allegedly came from the South Lobby in exchange for granting liquor licenses. The CBI has presented WhatsApp chats in the court.
Why are there hopes for Kejriwal’s early release?
– On Tuesday, the Supreme Court has granted bail to K. Kavitha in the corruption and money laundering case related to the Delhi Excise Policy case. The bench of Justice BR Gavai and Justice KV Vishwanathan has granted bail in both ED and CBI cases. The court said that the CBI-ED investigation has been completed, so the custody of the appellant (K. Kavitha) is not necessary for the investigation. K. Kavitha has been in custody for 5 months. There are 493 witnesses in this case. There are 50 thousand documents. In such a situation, the trial is not likely to be completed soon, so bail is granted.
– This comment of the Supreme Court can also be used as a basis in the Kejriwal case. Kejriwal has also been in jail for five months. He has got bail from the Supreme Court in the ED case. The CBI has already informed that the investigation is complete and it is ready for trial. In such a situation, there is no possibility of the case being settled soon. Kejriwal’s lawyer can also demand bail on this basis.
– The court has questioned the impartiality of the investigating agencies in the investigation of this entire case and reprimanded them for their ‘modus operandi’. K. Kavitha’s lawyer raised questions about witnesses and evidence. On this, the court has commented that the prosecution (investigating agency) should be impartial. The one who has declared himself guilty has been made a government witness. Their role is also like Kavitha’s. You cannot pick and choose. The government cannot make anyone a witness just like that. Tomorrow you will make anyone an accused and pick them up and release anyone?
– Kejriwal’s lawyer has also been constantly raising questions about the witness. Now this comment of the court becomes very important. Kejriwal’s lawyer will once again question the investigating agency on the role of the witness in the Supreme Court and will cite the court’s note.
– K. Kavitha’s lawyer Mukul Rohatgi referred to Manish Sisodia’s bail in the Supreme Court and said, we want bail like in the Sisodia case. This court had said that bail is the rule. Jail is the exception. Also, there has been a delay in the trial.
– Now Kejriwal’s lawyer can also demand bail by citing the bail of Sisodia and K. Kavita.
– Earlier, Kejriwal’s lawyer had told the court that despite the stringent provisions of Section 45 of the Money Laundering Act (PMLA), Kejriwal has been granted bail thrice. He also cited the interim bail orders granted by the Supreme Court on May 10 and July 12 and the regular bail granted by the trial court in the PMLA case on June 20. Singhvi said that Kejriwal should be granted bail. Kejriwal is not a threat to society.
– Kejriwal’s lawyers are also citing his health problems. While granting bail in the ED case on July 12, Justice Sanjeev Khanna had remarked that Kejriwal has been in jail for 90 days, so we order his release. We know that he is an elected leader.
– The trial court had granted bail to Kejriwal on June 20 in the money laundering case. However, the High Court had stayed the trial court’s order. Later on July 12, the Supreme Court granted interim bail to him.
– Manish Sisodia was also granted bail by the Supreme Court on the basis of being in jail for a long time. The court said that there are many witnesses in this case, so the trial is not likely to be completed soon.
– When Sanjay Singh’s release was approved in April, the Supreme Court had remarked that the money was not recovered from Sanjay’s possession. The allegations of taking a bribe of Rs 2 crore can also be investigated during the hearing. Singh has already spent six months in jail. In such a situation, why should he not be granted bail?
Why did the Supreme Court postpone the hearing?
Earlier, on August 5, the Delhi High Court had rejected Kejriwal’s petition challenging the CBI’s arrest. This decision was challenged in the Supreme Court. SC heard the case on August 14 and sought a reply from the investigating agency. CBI said that it has filed a reply in one case. While it needs time to reply in the second case. On this, the court postponed the hearing on the bail petition till September 5. CBI said that we have filed the first reply, but it is not on record yet and we want to file the second reply. We need time for this. On CBI’s request, the bench directed the investigating agency to file the reply and counter-reply in two days. ASG SV Raju said that he will file a reply on the second petition in a week.
At the same time, ED submitted the seventh supplementary charge sheet of 208 pages in the Rouse Avenue Court on June 9. In this, Kejriwal was described as the mastermind and conspirator of the scam. ED claims that Kejriwal had demanded a bribe of Rs 100 crore from the South Lobby in exchange for the liquor license, out of which Rs 45 crore was spent on Goa elections.
What claims did the CBI make in the trial court?
CBI says that the entire money was spent as per Kejriwal’s wish, as this money was sent to AAP’s fund. CBI also said that now there is no further investigation. The investigating agency is ready for trial. After hearing the arguments, the court reserved the decision and listed the case till 3 September. Now the court has to decide whether to take cognizance of the CBI chargesheet filed against Kejriwal and others or not? In the CBI chargesheet, five other people along with Kejriwal have been made accused. These include the names of AAP leaders Durgesh Pathak, Amit Arora, Vinod Chauhan, Ashish Mathur, P. Sharath Reddy. CBI filed the chargesheet in the trial court on 29 July.
The CBI says that Kejriwal played a role in collecting money for AAP’s campaign in Goa. AAP’s social media in-charge Vijay Nair, appointed by Kejriwal, negotiated the deal with South Group. The money collected from this group was used in the Goa election campaign. All the money was spent in the elections on the instructions of Durgesh Pathak. He was in-charge of Goa elections. All election related payments were made in cash. Vinod Gautam did the coordination work with K. Kavitha’s personal secretary and he is responsible for the transfer of Rs 25.5 crore from Delhi to Goa.
Vijay Nair was given the responsibility of finalizing the deal
The CBI told the court that Kejriwal had appointed Vijay Nair to negotiate and finalise the deal with BRS leader K. Kavitha, Raghav Magunta, Arun Pillai, Buchibabu Gorantla, P Sharath Reddy, Abhishek Boinpalli and Benoy Babu belonging to the ‘South Group’. All of them are co-accused in the case. According to the CBI, the ‘South Group’ is a group of businessmen and politicians who paid a bribe of Rs 100 crore to Delhi’s ruling AAP in exchange for liquor licences.
At the same time, the lawyer appearing on behalf of Kejriwal sought permission to provide him home cooked food due to his low blood sugar level, which was accepted by the court. Meanwhile, the Supreme Court has given one week’s time to the investigating agency to file its reply on the bail plea filed by Vijay Nair. Senior lawyer Abhishek Manu Singhvi said, Nair has been in jail for the last 21 months.
What is the liquor scam?
The Kejriwal government of Delhi implemented the Excise Policy 2021-22 on 17 November 2021. Under this policy, the government came out of the liquor business and liquor shops went into private hands. The Delhi government claimed that the new liquor policy would end the mafia rule and increase the government’s revenue. However, this policy was in controversy from the beginning and when the uproar increased, the government canceled it on 28 July 2022. The alleged liquor scam was revealed on 8 July 2022 by the report of the then Chief Secretary of Delhi, Naresh Kumar. In this report, he had made serious allegations against many big leaders of Aam Aadmi Party including Manish Sisodia. Delhi LG VK Saxena had recommended a CBI inquiry. After this, the CBI registered a case on 17 August 2022. There was also an allegation of money embezzlement in this, so the ED also registered a case to investigate money laundering. In his report, the Chief Secretary had accused Manish Sisodia of preparing the liquor policy in a wrong manner. Manish Sisodia also had the Excise Department. It was alleged that through the new policy, licensed liquor businessmen were given unfair benefits.
Source (PTI) (NDTV) (HINDUSTANTIMES)