New Delhi: Delhi`s Lieutenant Governor VK Saxena has recommended a CBI probe into the alleged violations of the Delhi Excise Policy and "deliberate and gross procedural lapses" made by Deputy Chief Minister Manish Sisodia, who is also in charge of the excise department.  Lieutenant Governor recommended the CBI inquiry after a recent report by the Chief Secretary established prima facie violations of GNCTD Act 1991, Transaction of Business Rules (ToBR) 1993, Delhi Excise Act 2009 and Delhi Excise Rules 2010. The excise policy was passed in Chief Minister Arvind Kejriwal-led Delhi Cabinet in the middle of the deadly Delta Covid-19 pandemic in 2021. 


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According to the Chief Secretary's report, "these indicate substantively of financial quid pro quo at the top political level, wherein the minister in-charge of the Excise Department, Manish Sisodia took and got executed, major decisions/actions in violation of the statutory provisions and the notified Excise Policy that had huge financial implications. He also extended undue financial favors to the liquor licensees much after the tenders had been awarded and thus caused huge losses to the ex-chequer."


The report by the Chief Secretary to the LG is in accordance with Rule 57 of the ToBR 1993, which mandates the Chief Secretary to flag any deviation from laid down procedures to the Lt Governor and the Chief Minister and was sent to both. The Excise Policy in question – opposed by Civil Society, Religious Groups, Educational Institutions, Parents’ Bodies and the opposition alike, was brought in the middle of the deadly Delta wave of the Covid pandemic vide a Kejriwal headed Cabinet decision. The policy decision was taken with the sole aim of benefitting private liquor barons in lieu of financial benefits to individuals at the highest echelons of the government leading up to the minister in-charge of Excise and Finance, Manish Sisodia, said the Chief Secretary's report.


"It is pertinent to note that even as migrants were leaving the city due to lack of basic subsistence income, street vendors were facing challenge to their livelihood, dhabas, restaurants, hotels, gyms, schools and all other business establishments were facing closure, the Excise Department under direct orders of Manish Sisodia decided to ‘allow a waiver of Rs 144.36 crores singularly to the liquor cartel, on the tendered license fee under the excuse of COVID-19 pandemic. While people were dying, livelihoods collapsing, businesses shutting down that could have been helped by giving financial assistance, all that the Kejriwal government had on mind was benefitting merchants of alcohol in lieu of kick-backs and commissions."


The report said, "Even as the city, as indeed the country, were reeling under the severe mal-effects of the Delta wave, a government that was busy blaming all and sundry for all its failings with the help of full-page advertisements was busy setting up a nefarious mechanism for personal aggrandizement of its leaders."


It further added, "It involved an enabling nexus of Private Individuals, Civil Servants and Deputy Chief Minister Manish Sisodia, who roughshod decisions by tinkering with the policy to benefit liquor licensees in total disregard of due process, rules and regulations. Being run all this while under full political patronage of Arvind Kejriwal, the decisions in question were taken at the level of the Minister in-charge, Manish Sisodia, who also holds the Excise portfolio, without even taking the Cabinet into confidence. Subsequently, in a hoodwinking hogwash, Sisodia got the Cabinet to take a decision authorizing him to make "minor changes within the over-all framework of the policy in the interest of its implementation". However, despite this cabinet decision being flagged negatively by the then LG and a subsequent Cabinet decision withdrawing its earlier decision of "authorizing" Sisodia on 21.05.2021, the decisions under question continued to be brazenly implemented by the Excise Department solely on the approval of Sisodia."


When it became evident that the blatant hoax being run was about to be called out in light of inquiries and the note from the Chief Secretary to the Chief Minister under Rule 57, the illegal decisions taken in the past were attempted to be legalized by getting the stamp of a post facto Cabinet decision as recently as on 14.07.2022 which in itself was in violation of laid down rules and procedures.


It may be noted that the policy decision was taken "in blatant violation of laid down provisions that enjoins a Cabinet Note and agenda of the Cabinet reaching the Lt. Governor 48 hours before any Cabinet meeting". "With the above facts, it is evident that the decisions were taken by the Excise Department only at the level of the minister, without approval of the competent authority, which is the Cabinet and subsequently the Lt Governor in such matters," the CS's report added.


The report further said these actions prima facie indicate that "undue benefits were extended to the licensees at the cost of the public exchequer, in brazen violation of established statutes, rules and procedures with an ulterior motive of monetary gains by the powers that be."


"It is strange that the ‘Imaandar Sarkar’ has a minister in Jail for money laundering and another one is going to be probed for running a liquor racket and benefitting from the liquor mafia. It is expected that a probe by the CBI in the matter will unearth nefarious game being played at the cost of the people of Delhi and ascertain the quantum of kick-backs received by the Aam Aadmi Party government and leaders as also the use of this money to influence the Punjab elections," said the report submitted to Lieutenant Governor VK Saxena.