The Supreme Court has delved deep into the evidence presented against Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister, Manish Sisodia, in relation to the alleged Delhi excise policy scam. Currently in judicial custody, Sisodia is embroiled in charges of money laundering and corruption.
During the hearing, ASG Raju informed the Court about the accused’s use of the Signal app for communication, making their messages untraceable. The Court, in its quest for clarity, asked,
“Have you seen them (co-accused Vijay Nair or Sisodia) discussing this? Will it be admissible? Isn’t the statement (by an approver) hearsay? It is an inference but has to be based on evidence. In cross-examination, this will fall flat in two minutes.“
ASG Raju further elaborated on Sisodia’s alleged role in aiding ‘Indospirits’, a liquor distributor. He claimed that Sisodia’s interventions were designed to give the ‘South Group’ an undue advantage in the wholesale liquor market of Delhi. Addressing the bribery allegations, the Supreme Court emphasized,
“How do you establish kickbacks were given? Is it entirely on the basis of approvers’ statements?“
The Court also highlighted the necessity to trace the flow of money from the liquor lobby to the accused.
On the topic of money laundering, the Court observed,
“In this part (of South Group conversations) Manish Sisodia is not there? How will you bring him under the money laundering Act? Money trail either comes to his pocket or to someone else’s.”
The Court further probed how the agency intended to factually and legally prove money laundering by Sisodia.
Clarifying the scope of the Prevention of Money Laundering Act (PMLA), the Court stated that the Act deals with activities connected with the proceeds of crime, not its generation. The necessity to associate the individual, either directly or indirectly, with these proceeds was also emphasized.
The Delhi High Court had previously denied Sisodia bail, citing his influential political position and the potential risk of him influencing witnesses. The CBI maintains that Sisodia had a significant role in the formulation and execution of Delhi’s new excise policy, which faced opposition allegations of foul play and was subsequently withdrawn.
