New Delhi

Eleven months after top Aam Aadmi Party leader Manish Sisodia was arrested by the Central Bureau of Investigation (CBI) in an alleged liquor scam scandal, the party chief and Delhi Chief Minister Arvind Kejriwal is reportedly facing the threat of arrest after he failed to appear before India's Enforcement Directorate. 

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WION can, however, confirm that Kejriwal won't be arrested on January 4, 2023. 

The ED had issued a summons to Kejriwal for questioning on January 3 in connection with an excise policy-linked money laundering case. This was the third time Kejriwal has refused to appear before the federal agency. The two earlier summonses were for November 2 and December 21. A fourth one has now been issued.

Kejriwal had sent a written reply to the ED, stating he was willing to cooperate but not when he doubted the intention behind the notice.

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"Ready to cooperate in ED investigation but the agency's notice is illegal. Their intention is to arrest Arvind Kejriwal. They want to stop him from election campaign," news agency ANI quoted an AAP official as saying.

Manish Sisodia's arrest in February last year

The Central Bureau of Investigation (CBI) arrested Sisodia on February 26, 2023, following eight hours of interrogation on the same day. CBI said the then Delhi deputy CM had provided evasive answers and had not cooperated with the inquiry. Sisodia was summoned by CBI agents on February 26  for questioning.

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Together with MPs Sanjay Singh and Raghav Chadha, as well as MLA Saurabh Bhardwaj, the AAP leader spent around 15 minutes at Rajghat before going to be questioned, as reported by the Indian Express. 

In a message to party members and those gathered outside his residence, 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.”

Disclaimer: WION cannot independently verify the authenticity of all statements, photos and videos. 

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He had been interrogated to ascertain his involvement in the alleged corruption in the execution of the now-cancelled Delhi liquor strategy for 2021–2022. Soon after, he was arrested. 

The agency explaining the arrest of the AAP leader said at the time, “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 the investigation of the case.”

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

Additionally, Sisodia's computer contained a number of liquor policy-related files that had been destroyed, as reported by NDTV. 

The liquor excise case of 2021-22

The arrest of Sisodia has to do with the now-cancelled alcohol policy for 2021–2022. The new excise policy was implemented by the AAP administration in the Indian capital on November 17, 2021, and 849 liquor vends were given to private enterprises through open bidding.

A maximum of 27 vends were permitted in each of the 32 zones of the city. Individual licences were replaced by zone-by-zone bidding. 

The new policy, according to AAP, aimed to combat the liquor mafia and black marketing, boost sales and enhance customer satisfaction, and guarantee a fair distribution of liquor vends.

Further regulatory modifications were made by the Delhi government in May 2022, including authorising licensees to transport alcohol to customers' homes and keeping stores open until three in the morning, as per ANI reports. 

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However, Naresh Kumar, the chief secretary for Delhi, had to evaluate it before these modifications could be put into effect. Kumar called attention to "procedural lapses" and ambiguities in the policy.

In July 2022, he filed a report to Sisodia, the chief of the excise division, requesting clarification.

Kejriwal, the mayor of Delhi, and VK Saxena, the lieutenant governor, also received the report.

Kumar also made the Economic Offenses Wing aware of the suspected violations and requested that they look into the situation.

Naresh Kumar's allegations

As per Naresh Kumar's report, Sisodia gave unauthorised incentives to licensees of liquor vends in return for "kickbacks" and "commissions" that the party allegedly utilised to influence the Punjab Assembly elections in February 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 July 2023, the AAP administration dropped the new policy and went back to the previous one.

The CBI then filed an FIR in the matter on August 17, 2022 and conducted raids at 31 places, including Sisodia's Delhi home, on August 19 across seven states and two union territories.

AAP alleged that the Bharatiya Janata Party (BJP), the federal government's ruling party, attempted to settle political scores. AAP denied all allegations of misconduct.

Road ahead for AAP

The arrest of Sisodia does not augur well for the AAP, the Kejriwal administration, or the Delhi ruling party.

Sisodia oversaw 18 of the capital's 33 departments, including vital ones like housing, finance and education.

Sisodia's arrest follows that of Satyendar Jain, the previous health minister for Delhi, in June of last year. Both have significantly contributed to the party's popularity and ongoing electoral success by changing Delhi's educational and healthcare systems.

(With inputs from agencies)