A Delhi court’s recent decision to discharge all accused in the alleged Excise Policy Scam, including the former Delhi chief minister Arvind Kejriwal and the deputy chief minister Manish Sisodia, is threatening to snowball into a major controversy in the coming days. Unless the CBI’s decision to challenge the lower court order gets a nod from the Delhi High Court, the allegations about the Narendra Modi government at the Centre using central agencies for political reasons will gain further ground.
Court finds lack of admissible evidence
The court was not impressed with the voluminous chargesheet and ruled that these were mere allegations, not backed by admissible evidence and witnesses to merit a regular trial. The gist of the charges was that the Kejriwal-led Aam Aadmi Party government in Delhi favoured some private companies while tweaking the existing excise rules in the capital city, privatising liquor retail in exchange for money that was allegedly used in AAP contesting the Goa Assembly elections in 2022.
What baffled all and sundry was that the end consumers were happy, as big discounts were being offered by private retailers to boost sales. Moreover, it gave them relief from the unwelcoming government employees manning the retail outlets, who were always more interested in selling unknown brands. Now that the court has ruled that the much-talked-about case lacked merit, crucial questions are bound to be raised about whether the excise policy case was politically motivated, taken with an eye on the 2025 Delhi Assembly elections.
Arrests and prolonged jail time
Sisodia was arrested in February 2023, and Kejriwal in March 2024. Kejriwal spent over five months in jail, and Sisodia over 17 months.
The manner in which they were rearrested by the Enforcement Directorate or the CBI after procuring bail on fresh charges was something usually seen while dealing with dreaded criminals, who are rearrested to ensure they do not walk free.
Debate over political motivation
Political vendetta is a much-talked-about and much-abused term that generations have grown up hearing about. But the Modi government had no reason to take revenge against Kejriwal. It was more of a case of wiping out opposition in a systematic manner and paving the way for the BJP’s return to power in Delhi.
With the mission accomplished, the powers that be in the BJP lost interest in the case, which fell flat on its face at the very first stage in court. Now it is for the CBI to knock on the doors of the High Court and the Supreme Court to save their faces after the shoddy investigation.
Comparison with the 2G spectrum case
The excise scam case met with the same fate that the 2G spectrum scam had faced, which too failed judicial scrutiny, leading to the acquittal of all accused. A. Raja and Kanimozhi were arrested and defamed before being released.
Questions over timing and political impact
More than the merit, or lack of it, of the excise policy scam, its timing was questionable. While no one accepted that the Kejriwal government was holier-than-thou and incorruptible, it left none in doubt that the manner in which the central agencies went about was to ensure AAP was discredited in public and presented as corrupt.
And if that was the sole aim, it worked well, as the BJP swept all seven Lok Sabha seats of Delhi and returned to power in the capital city after 27 long years, which had been a blot on the BJP’s face.
Parallel case in Bihar politics
Almost a similar scene was enacted just before the Bihar Assembly elections last year. All central agencies became hyperactive in the land-for-job scam involving Lalu Prasad Yadav and his family and lost interest after Yadav’s Rashtriya Janata Dal failed to dislodge the BJP-led NDA government from power in the state. No one is bothered or talking about the case any longer.
Timing and its political consequences
Timing is crucial, as such cases often make or break leaders. The timing of Indira Gandhi’s arrest in 1977 was wrong. It gave a new lease of life to her political career that many thought might end with the Congress party being voted out of power for the first time in India.
On the contrary, the Janata Party dived into big differences, leading to the downfall of the Morarji Desai government and the return of Indira Gandhi as prime minister soon thereafter.
However, the timing of the arrests in the Delhi excise scam and the interrogation of Lalu Yadav and family at the height of campaigning in the Bihar polls were just perfect, as they served the purpose.
Legal battles and political ramifications ahead
Right or false, cases are often lodged against politicians, invariably due to political considerations, especially just before elections. They end up hitting the headlines, burdening an already overburdened judiciary, and die a natural death in due course.
Now all eyes would be on the Delhi High Court when the CBI approaches it to challenge the lower court ruling. If this is not admitted, Kejriwal would have a moral right to demand fresh elections in Delhi, since it was won by the BJP only after he and the AAP were painted as corrupt.
It is difficult to say, though, that even in the normal course, AAP would have secured a third consecutive term in office. The impact of the Delhi excise case is bound to be felt in AAP-ruled Punjab, which is due to elect its new legislative Assembly next year.
Ajay Jha is a senior journalist, author and political commentator.
