The Enforcement Directorate has asked the Central Bureau of Investigation to prosecute Delhi transport minister Kailash Gehlot under Section 420 of the Indian Penal Code for allowing his official bungalow to be occupied and used by a private person, Vijay Nair, who has emerged as the key dealmaker in the Delhi liquor scam. According to ED, Vijay Nair gave a statement under Section 50 of the Prevention of Money Laundering Act, 2002, that he had been functioning from Delhi chief minister Arvind Kejriwal’s camp office and residing in a government bungalow allotted to Delhi minister Kailash Gehlot, who was part of the Group of Ministers that cleared the controversial Delhi Excise Policy 2021-22.
The ED said Vijay Nair does not have any other residence in Delhi and Gehlot lives in a private residence in Najafgarh. Spelling out the offence committed by Gehlot, the ED said “when a person, who is a minister, is allotted a bungalow for the purpose of his residence, he is entrusted with the dominion of the property which is meant for his personal use as his residence. But when he dishonestly uses this property and allows someone else to use the same, it is a criminal breach of trust u/s 405 of IPC, punishable u/s 409 of IPC, since the minister is a public servant.
Similarly, when a minister is allotted a government accommodation, he makes a representation that it will be used by himself, and allowing someone else to use the residence, who is not entitled to the same, amounts to false representation, an offence u/s 415 of IPC punishable u/s 420 of IPC.” Since the ED is not empowered to investigate, it has furnished the information u/s 66(2) of PMLA to the CBI in consonance with the Supreme Court judgement in the matter of Vijay Madanlal Choudhary Vs Union of India.
The ED chargesheet filed in the Special Court of Judge M K Nagpal is full of interesting nuggets of information that throw light on the relations between the key accused. In a statement dated 10.09.2022, accused Sameer Mahendru, who held wholesale and retail licenses and is a beneficial owner of Indo Spirits, gave graphic details of a meeting called by Manish Sisodia, who holds the excise portfolio. “There was a meeting that was chaired by Manish Sisodia, Dy CM, wherein many retailers were present. When all the members reached and the convening officer asked the Dy CM to start the meeting, Sisodia said that they should wait for Dinesh Arora.
Dinesh arrived late and was gestured by Sisodia to sit next to him. After that day, a message was received by the market that Dinesh Arora was close to the AAP, especially the Dy CM.” Dinesh Arora figures as accused number 11 in the CBI’s chargesheet in the liquor scam. The agency has found him to be involved in handling/transferring kickbacks. He was also summoned by the ED for examination under PMLA. In a statement dated 01.10.2022, Arora told the ED that “he had met Sanjay Singh through whom he came in contact with Manish Sisodia at a party in his (Arora’s) restaurant Unplugged Courtyard.” Arora told ED that before he was roped in for a role in liquor trade, he had raised Rs 82 lakhs from restauranteurs known to him and gave it to Sisodia as party funds.
The ED claims that Arora has also admitted to hawala transactions in association with Vijay Nair. These transactions, running into crores, were carried out using currency note numbers and hawala traders in Delhi and Hyderabad whom he has named. Arora also worked closely with Nair to create partnerships/cartels for the South Group, which includes K Kavitha, daughter of Telangana CM K Chandrashekhar Rao. He has given details of his meetings with Kavitha in connection with Delhi liquor trade.
