Delhi Excise Policy Case: CBI Obtains Sanction To Prosecute Arvind Kejriwal

Central Bureau of Investigation (CBI)  has obtained the required sanction to prosecute Chief Minister Arvind Kejriwal in the Delhi Excise policy case.

Delhi Excise Policy Case: The Central Bureau of Investigation (CBI) on Friday informed a Delhi Court that it has obtained the required sanction to prosecute Delhi Chief Minister Arvind Kejriwal in the alleged excise policy scam. CBI has also secured sanction to prosecute AAP MLA Durgesh Pathak in the excise policy case.

The sanction was submitted by the agency in the Rouse Avenue court before Special Judge Kaveri Baweja. The matter has been listed for hearing on August 27.

Kejriwal's judicial custody in connection with the case was slated to end on August 27. On Augut 12, the court had granted 15 days to the CBI to procure the required sanctions to prosecute the Delhi CM and Pathak in the excise policy case. 

CBI Justifies Kejriwal's Arrest

The CBI also defended Kejriwal's arrest citing his "evasive and non-cooperative" replies during the probe about his role in the alleged excise policy scam.

The probe agency filed a detailed affidavit in response to Kejriwal’s plea challenging his arrest by CBI. In it, the CBI stated that the Delhi CM was arrested only after he was examined on June 25, 2024.

"This was necessary since he was to be confronted with the evidence on record, when it was necessary for the just conclusion of the investigation herein, more specifically since the petitioner was purposely derailing the investigation. The necessity to arrest also arose based on the materials on record and since the petitioner chose to remain evasive and non-cooperative during his examination on June 25," the affidavit said.

CBI stated that even though Kejriwal did not hold any ministerial position, the probe revealed that all the critical decisions in the formulation of the excise policy were taken by him with the then deputy CM Manish Sisodia, who held the excise portfolio.

SC Defers Hearing Kejriwal's Bail Plea Till Sept 5

In another development, the Supreme Court deferred the hearing on Kejriwal's pleas seeking bail and challenging the arrest by the CBI till September 5. 

A bench of justices Surya Kant and Ujjal Bhuyan gave permission to the CBI to file its counter affidavit in the matter. The Delhi CM has been given two days' time to file a rejoinder.

On August 14, the top court had refused to grant Kejriwal an interim bail in the case and sought a response from the CBI on his plea challenging his arrest.

Kejriwal was arrested by the CBI on June 26.

The Delhi CM, who was arrested by the Enforcement Directorate on March 21, was granted bail by the trial court in the money laundering case on June 20. However, this order was stayed by the high court. On July 12, he was granted an interim bail by the Supreme Court in the money laundering case. 

According to both CBI and ED, irregularities were committed during the modification of the excise policy. The agencies also alleged that undue favours were extended to licence holders. 

Delhi lieutenant governor had ordered a CBI probe into alleged irregularities and corruption involving the formulation and execution of the excise policy after it was scrapped in 2022.