Almost two months after it arrested Manish Sisodia, the Central Bureau of Investigation (CBI) is ready to file a chargesheet against the former deputy chief minister of Delhi.
CBI officials confirmed to CNN-News18 that the agency is moving to seek prosecution sanction from the Ministry of Home Affairs. “The chargesheet will be filed within the stipulated 60 days,” a source said.
The chargesheet against Sisodia is likely for criminal conspiracy (120B IPC), falsification of accounts (477A IPC) and Section 7 of the Prevention of Corruption Act.
Officials said the investigation has revealed Sisodia’s complicity in the excise policy scam, especially under Section 7 of the Prevention of Corruption Act which deals with “public servant taking gratification other than legal remuneration in respect of an official act”.
The Aam Aadmi Party (AAP) has repeatedly claimed that there is no evidence to show that Sisodia was paid any money in lieu of the alleged favour to the beneficiaries of the excise policy.
However, CBI officials told CNN-News18 that even though the evidence to establish the money trail reaching Sisodia is still under investigation, a case for misusing official position to benefit the South Group and Vijay Nair is made out. Officials said evidence has emerged to prove that South Group paid money to Nair who was an associate of Sisodia.
What is Sec 7 of Prevention of Corruption Act, 1988
The section says: “Public servant taking gratification other than legal remuneration in respect of an official act —Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.”
The agency is likely to highlight in the chargesheet that Explanations (b) and (d) for Section 7 the Act make a case for prosecution of Sisodia even in the absence of direct quid pro quo.
Explanation
(b) Gratification: The word “gratification” is not restricted to pecuniary gratifications or to gratifications estimable in money.
d) “A motive or reward for doing”. A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression.”
“The official act in this case is framing the excise policy and changing the profit margin from 5 per cent to 12 per cent. There is evidence to show that favour was shown to Sameer Mahendru and Indo spirits by Sisodia. Evidence has also emerged of Mahendru paying money to Vijay Nair, a close associate of Sisodia, in lieu of this favour,” a source aware of the legal vetting of the case told CNN-News18.
CBI, in its first chargesheet in the case, alleged that around Rs 20-30 crore was arranged by suspect Abhishek Boinpally at the behest of South Group and paid to Vijay Nair via Dinesh Arora in cash between July and September 2021. Allegations have also been made that Sisodia intervened personally to get Mahendru-promoted Indo Spirit’s application processed after anomalies were initially flagged.
CNN-News18 has also learnt that suspect-turned-approver Dinesh Arora’s testimony will be used by CBI in its chargesheet to prove that Nair was paid money by South Group. Arora reportedly has given agencies the currency numbers of the notes that were sent to Nair.
Former excise commissioner Arava Gopi Krishna could be used by CBI to prove the ‘undue favour’ charge since he reportedly testified about Sisodia’s intervention in the excise policy draft that was originally mooted. Krishna and Sisodia were brought face to face by CBI in March and investigating officials claim that Sisodia’s answers to the allegations made by Krishna were “evasive”. Sisodia’s former personal secretary C Arvind’s testimony is also likely to be cited by CBI as evidence of conspiracy in the case.
Destruction of evidence: Missing files, phones
CBI could also charge Sisodia for the illegal act of missing files and for destruction of evidence that his multiple phones contained. The agency has claimed that crucial files which could have given insight about the meeting of the GoM and the cabinet approval for amended excise policy are untraceable. Written evidence recorded by CBI also reportedly has details about how Sisodia’s phones were destroyed.
Officials claim that Delhi Chief Minister Arvind Kejriwal, when asked by the probe team about the missing files or the way the policy was formulated, also put the onus firmly on the GoM and said he was not party to the deliberations and is not aware of the files. Manish Sisodia, Kailash Gehlot and Satyendar Jain were part of the GoM that decided on the draft of the liquor policy that was put up before the Delhi cabinet.
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