The so-called liquor scam remains only in allegations and is highly doubtful if it can reach any legal conclusions
By Pattabhi Vemulapati
Hyderabad: In the AAP liquor policy for 2021-22, the government has nothing to do with the sale of liquor in the State and permitted private shops to do. It was implemented in Nov 2021. Manish Sisodia was the Minister in charge of the Excise Department. The AAP government claims that its liquor policy was aimed to end the liquor mafia and black marketing, increase revenue, improve consumer experience and ensure equitable distribution of liquor vends.
The AAP government also claimed that there is no such thing as a liquor scam and that they formulated the best and most transparent policy in the country. The Delhi government also gave certain relaxations to sellers, such as permission to offer discounts to consumers to boost sales and to set their own prices irrespective of the MRP of the product.
The government reported a substantial 27% increase in income from the policy, generating around Rs 8,900 crore.
Brewing Trouble
But, the Economic Offences Wing of Delhi Police, which is under the control of the BJP Government at the Centre, started creating trouble. As a follow-up action, supposedly on some report of the then Chief Secretary, Delhi, that Sisodia bent rules and violated the law and provided undue benefits to liquor licensees, the Lt Governor – who again is a nominee and representative of the BJP government at the Centre – sought a CBI investigation. Later, at the insistence of the Lt Governor, the 2021-22 liquor policy was scrapped in July 2022.
Now in this entire liquor policy, the allegations are that there were financial quid pro quo transactions by Sisodia and that more than a hundred crores were received as kickbacks from the liquor licensees, labelled as South Group, who benefitted from Sisodia.
At the insistence of the Lt Governor, the witch-hunting started with the CBI getting into the field, followed by the ED.
Common Knowledge
The basic question any person with common legal knowledge would ask is: the liquor policy is an Executive Act of the State, and the financial implications of it would be considered and scrutinised during the audit by the Comptroller and Auditor General of India. If there are irregularities found, including financial, the CAG would surely be duty-bound to point them out and hold the government to task.
Here, simply on the complaint of the Chief Secretary, Delhi, the action had been initiated. It clearly appears that the Central government, which is at loggerheads with AAP, was waiting for the slightest and lamest excuse to jeopardise and destabilise the AAP government.
On the face of it, this so-called liquor scam remains only in allegations and it is highly doubtful if it can come to any legal conclusions or see the light of day.
It is to be seen that the ED and the CBI, along with the I-T department, have become not just parrots in cages singing the tune of the powers at the Centre, but over the years have come to be subservient to the Central government under whose control they are working, instead of acting as per law and not at the will, want and wish of the persons in power.
A recent example of how these supposed to be independent agencies are being manipulated is the case of the Election Commissioner of India, wherein the Supreme Court refused to let the Election Commissioner be any agent of the Central government and so, formed a committed with the Prime Minister, the Chief Justice of India and the leader of opposition in Parliament, thereby making it clear that these agencies, including the Election Commissioner, are acting as agents of the persons in power at Centre.
Blatent Misuse
In its long course of history, it is seen how blatantly the ED had been misused and used as an agency of harassment, victimisation and ruination against all those who were not in line with the party in power. It is said that about 51 cases arising out of PMLA (Prevention of Money Laundering Act) are pending against Members of Parliament and 71 are pending against Members of the Legislative Assembly in our country.
This clearly establishes how these central investigative agencies are being used as tools to carry out political vindictiveness. It is to be seen that the ED cases never stood the scrutiny of courts of law and a vast majority of cases die a failure death.
It is not yet out of public memory when the BJP harassed the then Congress government under the leadership of Prime Minister Manmohan Singh in the 2G Scam. The BJP went out hammer and tongs on this issue and discredited the Manmohan Singh government, created a political storm that he was heading a corrupt government and wiped him out in the 2014 Lok Sabha elections. After the BJP’s victory, the said 2G scam vanished. After six years, it came to be like Shakespeare’s ‘Much ado about nothing.’
The same policy is being adopted now in the liquor scam with the targeting parties being AAP and the BRS, which apparently the BJP is unable to touch in any which manner. These two parties are rock firm in their respective States. So, the only way for the BJP is to bring back its earlier strategy and create a story, sensationalise it and blow it to huge proportions to make it look like a scam of the decade.
The saddest part is once the persons surrender to those in power at the Centre, action against them is dropped and the same accused persons are absorbed into the BJP and given full protection. They turn from sinners to saints. We have standing examples of Sujana Chowdary and CM Ramesh from Andhra Pradesh. The same happened in West Bengal and Assam where leaders of the Trinamool Congress and the Congress respectively were threatened by these agencies and absorbed into the BJP. All cases against them died a natural death.
In Telangana, the BJP does not have a strong or massive people base. The Congress too is on the weakest turf in the State. To throw out the BRS is not an easy job. Neither the BJP nor the Congress has a people’s leader like K Chandrashekhar Rao. Hence, the saffron party has one and only way– discredit Rao.
The Supreme Court must follow a similar approach as it has done in the case of the Election Commissioner and form Appointing/Selection Committees consisting of the PM, CJI and the leader of the House in Parliament for appointing heads of the central agencies like the ED, the CBI and Income Tax to ensure fairness and transparency and help these departments act without fear and favour, and only in pursuance of law and purposes as ordained by law.