Delhi Chief Minister Arvind Kejriwal and leader of the Aam Aadmi Party at the hurriedly-called press conference on Saturday and raised the pitch against the BJP and the Central Bureau of Investigation (CBI) after the probe agency summoned him for questioning in relation to the controversial liquor excise policy. Kejriwal has been summoned as a witness.
The CBI and the Enforcement Directorate (ED) have alleged the liquor policy was framed in a way to favour a liquor lobby. Subsequently, the policy was scrapped.
“BJP leaders have been saying since yesterday that Kejriwal will be arrested. So, if BJP has given orders to the CBI to arrest, then how can CBI disobey their orders? They will have to follow BJP’s orders,” Kejriwal said.
While the AAP members unsurprisingly called the move a threat to democracy, Kejriwal, the self- professed flagbearer of honesty and integrity, may have done better by cooperating with the investigative agency. Why? No citizen – irrespective of his or her position— in the country has immunity against law.
“The CBI has called the Chief Minister for questioning and that has nothing to do with an arrest. Investigating agencies must have the independence to be able to investigate a matter in accordance with Law. The CBI must have taken the decision based on its own findings so far and it is important for every citizen to cooperate and respect the course of law,” Manoj Kumar, legal expert and Managing Partner of Hammurabi and Solomon told India Narrative.
“If the CBI move to summon a chief minister for questioning was purportedly illegal, the courts including the Supreme Court would have taken action by now on a plea by the CM” Kumar said.
The Delhi Excise Policy 2021-22 which was put in place to boost revenues, was eventually scrapped after being hit by controversy. Delhi Lieutenant Governor VK Saxena recommended a CBI inquiry into the matter. Manish Sisodia, Kejriwal’s deputy has also been arrested in relation to the case.
Kejriwal said that the AAP will file “appropriate cases against CBI and ED officials for perjury and producing false evidence in courts.”
The allegations against investigative agencies such as the CBI and ED are nothing new. Opposition parties have always claimed that the investigative agencies in India have worked at the behest of the ruling party.
“If Kejriwal is a thief and corrupt, then no one in this world is honest,” the Chief Minister said at the press meet. To prove you are innocent and honest, the court must follow its due course. Kejriwal must then ensure a free judicial process.
AAP Minister Saurabh Bharadwaj said that the situation in Delhi is unprecedented. The AAP has now convened a one-day session of the Delhi Assembly to discuss the “state and challenges faced by democracy.”
“That the biggest ‘panchayat’ of Delhi, the temple of its democracy, will not discuss this is not possible. This official discussion among MLAs from different constituencies is the discussion of the people and is very important. This is why the session has been called,” Bharadwaj said.
Such emergency sessions are convened in the rarest of rare cases. Many are asking if CBI’s move can be categorised as such.
But Kejriwal and his team must understand that one cannot give an honesty certificate to himself or herself. The court or the appointed agencies have to do the needful. “Instead of fighting it outside the purview of the legal framework, Kejriwal should be better advised to seek intervention of Courts if he indeed thinks the actions of CBI are beyond the due process of law,” Kumar added.
The country’s judicial process gives every citizen adequate opportunity to defend himself or herself.
Bottomline—Fair investigations must be allowed to take place in a functioning democracy. The judiciary and the courts are open for all in this country.
Also read: Why Delhi CM Arvind Kejriwal cannot dodge responsibility for the excise scam