"If AAP Benefited, Why Isn't It Accused": Supreme Court's Liquor Case Query

If Aam Aadmi Party (AAP) benefited from Delhi's now-scrapped liquor policy, why is it not an accused in the money laundering case relating to alleged irregularities, the Supreme Court asked the Enforcement Directorate (ED) today.

The bench of Justice Sanjiv Khanna and Justice SV Bhatti was hearing a request for bail by Manish Sisodia, Delhi's former Deputy Chief Minister who was arrested in February in a money laundering case linked to the excise policy.

"As far as PMLA is concerned, your whole case is that the benefits went to a political party. That political party is still not made an accused or Impleaded. How do you answer that? The political party is the beneficiary according to you," the bench asked. 

The Supreme Court also asked if a cabinet note can be examined in a court of law. "I believe there are specific Constitution bench judgments barring us from examining cabinet notes. I do not know if it applies to Delhi, because it is a Union Territory. Though they have not raised it. Like the issue of how we cannot get into what is said in Parliament, now that has been referred to a larger bench," Justice Khanna said.

Additional Solicitor General SV Raju, who represented ED, will respond to both queries tomorrow.

Pressing for a bail order for Mr Sisiodia, his counsel Abhishek Singhvi listed how accused in the case have turned approvers and have been granted bail, but Mr Sisodia has been denied relief.

The 51-year-old AAP leader, effectively Number 2 in the party after Delhi Chief Minister Arvind Kejriwal, has denied any wrongdoing and alleged that the central agencies had cooked up a case for BJP's political goals.

The case against Mr Sisodia is centred around a liquor policy introduced by the Arvind Kejriwal government in November 2021. Under the policy, the government withdrew from retail sale of liquor and allowed private licensees to run stores. A government report later flagged alleged irregularities and "undue benefits" to liquor licencees. The case is being investigated by the CBI and the ED.