AAP to be named in Delhi excise policy 'scam' case? CBI, ED considering it, SC told

Earlier, the SC had asked why the AAP had not been made a party in the case, but had clarified that it's question was "not to implicate any political party".

The CBI and ED on Monday told the Supreme Court that they are contemplating making the Aam Aadmi Party an accused in the Delhi liquor policy case.

Appearing for the CBI and the ED, Additional Solicitor General S V Raju submitted before a bench of Justices Sanjiv Khanna and S V N Bhatti that he has instructions to state that the agencies are considering making the AAP an accused, invoking legal provisions on “vicarious liability” and also Section 70 of the Prevention of Money Laundering Act (PMLA).

The court, however, asked Raju to clarify his stand on Tuesday, October 17, whether there will be separate charges against the AAP in cases being probed by the two central agencies.

Raju responded that it would be considered the same offense.

The bench told Raju to be careful with his statement.

"Will it be a separate or the same offence in the ED case? Answer tomorrow (sic)," the bench told him.

The court said that in the corruption case, there would indeed be distinct charges. It then inquired whether the same would apply to the CBI matter.

Raju replied that the charge may be separate, but the offence would be the same. The bench asked him to check up on this.

During the hearing, the bench asked Raju as to why arguments on framing of charge have not yet commenced and when they would begin.

"You cannot keep somebody behind ad infinitum because you are not confident as to when you can argue," the bench said, while adding thatv once the chargesheet is filed, arguments must commence.

The bench also inquired from Raju, "Suppose an individual is apprehended in the act of accepting a bribe, would that be considered as money laundering?" Raju responded affirmatively, saying "yes."

The bench disagreed, saying at that particular time, it has been generated and it is a grey area. The court said if the generation stops at that stage, offence is not there, as that this is where grey area is.

The investigating agencies alleged that the 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.

The court was hearing the bail plea by former Delhi Deputy CM Manish Sisodia, who was arrested in the liquor policy scam case on February 26, 2023.

Sisodia had moved the Supreme Court against the denial of bail to him in two separate cases lodged by the two probe agencies, CBI and ED, in the Delhi liquor scam case.