Explained: Why CBI officials arrested Delhi deputy chief minister Manish Sisodia in the liquor policy case

India’s national capital, Delhi, is on tenterhooks. The reason: the Aam Aadmi Party (AAP), led by Delhi chief minister Arvind Kejriwal, is readying itself to carry out a nationwide protest against the arrest of Manish Sisodia, the capital’s deputy chief minister, in connection with the alleged liquor excise policy case.

On Sunday, Sisodia, who is also Kejriwal’s second in-command, was arrested by the Central Bureau of Investigation (CBI) after eight hours of questioning. In a statement, the central agency said that the Delhi deputy CM had given evasive responses and had not cooperated with the investigation.

Manish Sisodia will be presented before Avenue court today and the CBI is expected to get the custody of the minister.

We review the matter at hand — from why the CBI has arrested Sisodia to what exactly is the liquor excise policy case.

What led to Sisodia’s arrest?

On Sunday, Delhi deputy chief minister Manish Sisodia was called in for questioning by CBI officials at 11 am. Before he headed for questioning, the AAP leader spent about 15 minutes at Rajghat along with MPs Sanjay Singh and Raghav Chadha and MLA Saurabh Bhardwaj.

In an emotional message to party workers and others gathered outside his house, Sisodia said, “I might have to go to jail for about seven-eight months. I don’t fear going to jail, my only worry is for my wife, who is not doing well these days. You all have to take care of her.”

आज फिर CBI जा रहा हूँ, सारी जाँच में पूरा सहयोग करूँगा. लाखों बच्चो का प्यार व करोड़ो देशवासियो का आशीर्वाद साथ है
कुछ महीने जेल में भी रहना पड़े तो परवाह नहीं. भगत सिंह के अनुयायी हैं, देश के लिए भगत सिंह फाँसी पर चढ़ गए थे. ऐसे झूठे आरोपों की वजह से जेल जाना तो छोटी सी चीज़ है

— Manish Sisodia (@msisodia) February 26, 2023

Sisodia had been called into questioning to determine his role in the alleged corruption in the implementation of the now-scrapped Delhi liquor policy for 2021-22.

However, after eight hours of rigorous questioning, the officials arrested Sisodia, saying he was not cooperating with the investigation.

The agency explaining the arrest of the AAP leader said, “The deputy chief minister was issued a notice u/s 41A CrPC for attending the investigation on 19.02.2023. However, he sought time of one week citing his pre-occupation. Accepting his request, he was issued a notice u/s 41A Cr.P.C for attending the investigation today (on 26.02.2023) for answering various questions evaded by him during his examination on 17.10.2022 and further questions relating to his incriminating role based on evidence collected during investigation of the case.”

“However, he gave evasive replies and did not co-operate the investigation despite being confronted with evidence to the contrary. Therefore, he has been arrested,” it added.

According to sources within the CBI, the minister failed to provide proper explanations about a few contentious provisions that had been added to the Delhi Liquor Policy which wasn’t part of the first draft.

When asked about it, Sisodia mostly claimed “I don’t know”.

But, CBI officials revealed to media outlets that an excise official had told the authorities that Sisodia had played a role in tweaking the liquor policy draft. Additionally, there was no record on the excise policy department’s server on how these modifications were made.

An NDTV report further stated that several files from Sisodia’s computer pertaining to the liquor policy had been deleted. However, officials managed to retrieve the records with the help of the CBI’s forensic team.

But what is this liquor excise case all about?

Manish Sisodia’s arrest pertains to the now-scrapped liquor policy for 2021-22. On 17 November 2021, the AAP government in the nation’s capital had implemented the new excise policy under which 849 liquor vends were awarded to private companies through open bidding. Also, the city was divided into 32 zones, each with a maximum of 27 vends. Instead of individual licences, bidding was done zone-by-zone.

According to AAP, the purpose of the new policy was to end the liquor mafia and black marketing, increase revenue and improve the consumer experience, and ensure equitable distribution of liquor vends.

In May of 2022, the Delhi government introduced further changes to the policy, including home delivery of liquor, the opening of shops till 3 am, and allowing licensees to offer unlimited discounts.

However, before these changes could be implemented, it had to be examined by Delhi Chief Secretary Naresh Kumar. Kumar flagged “procedural lapses” and irregularities in the policy. He sent a report to Sisodia, who heads the excise department, in July 2022, asking for answers. He also sent the report to Delhi chief minister Arvind Kejriwal and Lieutenant Governor VK Saexna. Kumar additionally informed the Economic Offences Wing about the alleged illegalities and asked them to probe the matter.

Also read: From Excise Policy to freebies: The many clashes between AAP and Centre

In his report, Kumar alleged that Sisodia provided undue benefits to liquor vend licensees in lieu of “kickbacks” and “commissions” that were allegedly used by party in the Punjab Assembly elections in February in 2022.

The Delhi chief secretary’s report further alleged that “Minister In-charge of the Excise Department, Manish Sisodia, took and got executed, major decisions/actions”, which were “in violation of the statutory provisions and the notified Excise Policy that had huge financial implications.”

In the meantime, the AAP government scrapped the new policy and reverted to old one in July.

In August, the CBI then lodged an FIR in the case on 17 August and raided 31 locations across seven states and Union territories on 19 August, including the residence of Sisodia in Delhi.

The AAP has dismissed all the claims of any wrongdoing, saying it was an attempt by the Bharatiya Janata Party (BJP), the ruling party at the Centre, to settle political scores.

What lies ahead for the AAP?

The arrest of Sisodia does not bode well for the Delhi ruling party, the AAP, and the Kejriwal government. Sisodia held 18 of the 33 departments in the Capital’s government, including crucial ones such as education, finance and home.

The arrest of Sisodia comes after that of Satyendar Jain, Delhi’s the then health minister, in June last year. Both have played important roles in transforming Delhi’s education and health services, contributing to the party’s popularity and continued electoral success.

The immediate concern is Kejriwal presenting the Delhi government budget and finding a replacement for Sisodia. Sources in the Aam Aadmi Party told news agency PTI that Revenue Minister Kailash Gahlot may present the Delhi government budget for the next financial year. As there was a possibility that the deputy chief minister may be arrested by the CBI, Gahlot was attending budget-related meetings for the last few days. “Gahlot is likely to present the 2023-24 budget. It is scheduled to be presented next month,” an AAP functionary told PTI.

With inputs from agencies

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