The CBI has told the Supreme Court that “all decisions of the government as well as the party are taken on the concurrence and directions” of jailed Delhi chief minister and AAP leader Arvind Kejriwal although he does not hold any ministerial position in the cabinet.

The CBI opposed an appeal challenging his arrest by the agency on June 27 in the alleged ₹100 crore Delhi excise policy case.

“The petitioner is the chief minister of the GNCT (Government of National Capital Territory) of Delhi and is the party supremo and national convener of the Aam Aadmi Party. While he does not hold any ministerial portfolio in the GNCT of Delhi, all decisions of the government as well as the party are taken on his concurrence and directions.

“These include not only the decisions in Delhi but also throughout the country where AAP is present. It is the petitioner who decides the appointments of not only his ministers but also the officials and all such other important functionaries in the party,” the CBI has said in a counter-affidavit filed before the apex court.

On July 12, the Supreme Court granted Kejriwal interim bail in a parallel case registered by the Enforcement Directorate relating to the case which remained a pyrrhic victory as he has to stay in jail in connection with a separate case registered by the CBI.

“The petitioner is simply attempting to politically sensationalise the case before this court, despite repeated orders passed by various courts being prima facie satisfied with the commission of the offences herein, for which cognisance already has been taken.

“The petitioner does not hold any ministerial portfolio, including that of excise. However, it has emerged over time that all the critical decisions in the formulation of the new excise policy were taken at the behest of the petitioner, in connivance with then deputy chief minister and minister of excise Manish Sisodia,” the CBI stated.

Kejriwal has filed the appeal challenging a Delhi High Court decision upholding his arrest by the CBI in the excise policy case. According to the CBI’s counter-affidavit, ₹44.54 crore have been sent through hawala channels to Goa from Delhi, which was used for meeting various election-related expenses of AAP during the Goa elections in 2021-22.

The agency alleged that Kejriwal was involved in a criminal conspiracy in the formulation and implementation of the Delhi Excise Policy 2021-22, more specifically when any or all decisions of the government and the party were taken only as per his directions.

He, in connivance with other accused persons, deliberately caused the tweaking and manipulation in the excise policy and thereby got enhanced the profit margin of wholesalers from 5 per cent to 12 per cent without any rationale, causing undue windfall gains to the wholesalers in lieu of the illegal gratification of ₹100 crore from the South Group, to meet the election-related expenses of AAP in Goa, the CBI said.

“Any release of the petitioner on bail will gravely prejudice the trial of the case, which is at the initial stage and key witnesses are yet to depose,” the CBI said while pleading that no interim bail should be granted to Kejriwal on medical grounds as the requisite facilities were available at Tihar Jail where he is lodged.