Delhi excise policy case: ED opposes Sisodia’s bail plea
ED contended that Sisodia was not only the head of the Group of Ministers (GoM), he was also the excise minister and played a key role in the modification of the excise policy
Former deputy chief minister Manish Sisodia is one of the key conspirators in the formulation and implementation of the now-scrapped excise policy 2021-22, the Enforcement Directorate (ED) told a Delhi court on Wednesday, as it opposed the Aam Aadmi Party (AAP) leader’s bail plea in connection with a money laundering case lodged over alleged illegalities in the implementation of the policy.
Advocate Zoheb Hossain for ED, appearing before special Judge MK Nagpal, submitted, “He (Sisodia) is also one of the key persons involved in creating the ecosystem for the creation, dissemination and transfer of the proceeds of crime.”
Hossain, while contending the bail application, submitted that “Sisodia was not only the head of the Group of Ministers (GoM), he was also the excise minister and played a key role in the modification of the policy and implementation of the modified policy.”
He also refuted the arguments advanced by Sisodia regarding officials, whose statements were recorded by ED, being under the control of the lieutenant governor, pointing out that annual confidential reports (ACR) prepared by chief minister Arvind Kejriwal and the relevant minister have themselves given the officials ten on ten.
The court, after hearing the arguments of the federal agency, listed the matter for further hearing on April 18.
Hossain said changes in the policy, such as an increase in the profit margin from 5% to 12%, allotment of zones which include 27 retail shops instead of the recommended two retail shops per individual, allotment of retail shops through auction instead of the recommended method of lottery, and private control over the wholesale business instead of government control, were made without deliberations.
He submitted that there are no documents or any shred of material evidence to show that the changes in the policy were made after discussions with the GoM. He added that the federal agency has documentary as well verbal evidence to show that the policy was tweaked without any consultation with the GoM, and that the arguments that the policy was drafted by the excise department is “a complete bogey”.
“Conspiracies are hatched in secrecy... Policy making is not done in secrecy,” Hossain said.
The advocate submitted that the federal agency has evidence to show that Sisodia got emails planted regarding the GoM report, with fabricated emails sent to show fake public approval when the GoM asked for public comments and feedback on the policy.
The Delhi government’s 2021-22 excise policy aimed to revitalise the city’s flagging liquor business. It aimed to replace a sales-volume based regime with a licence fee-based one for traders, and promised swankier stores, free of the infamous metal grilles, ultimately giving customers a better buying experience. The policy also introduced discounts and offers on the purchase of liquor, a first for Delhi.
The plan, however, came to an abrupt end, with lieutenant governor VK Saxena recommending a CBI probe into alleged irregularities in the regime. This ultimately resulted in the policy being scrapped prematurely and being replaced by the 2020-21 regime, with the Aam Aadmi Party (AAP) alleging that Saxena’s predecessor sabotaged the move with a few last-minute changes that resulted in lower-than-expected revenues.
On February 26, CBI arrested Sisodia after the agency said that it had recovered several incriminating evidences in the case, and to conduct a fair investigation, his custody was required.
After spending 7 days in CBI custody, Sisodia was sent to Tihar Jail by Delhi’s Rouse Avenue Court, from where he was arrested by ED after a nine-hour long interrogation on March 9.
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