New Delhi: The CBI and ED told the Supreme Court on Monday that they are contemplating making the Aam Aadmi Party (AAP) an accused in the Delhi liquor policy case. Additional Solicitor General SV Raju, representing the CBI and the ED, submitted before a bench of Justices Sanjiv Khanna and SVN Bhatti that he has instructions to state that the agencies are considering making AAP an accused, invoking legal provisions on “vicarious liability” and also Section 70 of the Prevention of Money Laundering Act (PMLA).
The apex court asked Raju to clarify his stand on Tuesday on whether there will be separate charge against the AAP in cases being probed by two central agencies. Raju said that would be the same offence. Justice Khanna told Raju to be careful with his statement and said, “Will it be a separate or the same offence in the ED case? Answer it tomorrow."
Also read: ED 'names' Raghav Chadha in Delhi liquor case charge sheet; AAP leader denies
The bench said in the corruption case, it will certainly be a separate charge and queried further, will it be a separate charge in the CBI matter? Raju replied that charge may be separate, but offence would be the same. Justice Khanna said just check up on this. During the hearing, the bench asked Raju, why have arguments on charge not yet commenced? When will they? You cannot keep somebody behind ad infinitum because you are not confident as to when you can argue. The bench stressed that once the chargesheet is filed arguments must commence.
The bench queried Raju, suppose a person has been caught red-handed with a bribe, is that money laundering? Raju said yes. Justice Khanna said no and elaborated that at that particular time, it has been generated and it is a grey area, and added that suppose generation stops, at that stage, offence is not there, and pointed out that this is where grey area is.
The apex court was hearing bail pleas of AAP leader and former Delhi deputy chief minister Manish Sisodia, who was arrested in the excise policy cases being probed by the CBI and ED. The hearing in the matter will continue on Tuesday. The agencies alleged that AAP used the money for campaigning in the Goa Assembly elections. They also claimed that AAP was a beneficiary of the kickbacks received from stakeholders, who got liquor licences as part of a quid pro quo.
