Delhi liquorgate: Supreme Court's tough questions to probe agencies
The Supreme Court on Thursday grilled investigative agencies during the hearing of the bail plea of Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy case. Examining the Enforcement Directorate's (ED) submission, the bench said that the investigative agency's statement is hearsay and will "fall flat in two minutes" in cross-examination. The ED also arrested AAP MP Sanjay Singh in the alleged scam case on Wednesday.
Why does this story matter?
The courtroom exchange underscores the strength of the case against the AAP leader, who has been in jail for over seven months. The ruling Bharatiya Janata Party (BJP) has accused the AAP's Delhi government of swindling crores from the Delhi Excise Policy 2021-22, which was scrapped in July 2022. Meanwhile, the AAP has called the case the BJP's conspiracy to frame AAP leaders as they were posing a challenge to the Centre.
Delhi excise policy legality and admissibility of evidence
The Supreme Court asked if a policy decision, like the Delhi liquor policy, could be legally challenged in the way it was presented. The Central Bureau of Investigation (CBI) argued that the policy was intentionally designed to favor certain individuals and submitted WhatsApp messages as evidence. However, the court expressed doubts about the admissibility of these messages. The ED also claimed that the accused communicated through the Signal app, which can't be traced, making the investigation more complex.
Court's tough questions to investigating agencies
The bench of Justices Sanjiv Khanna and SVN Bhatti questioned Additional Solicitor General (ASG) SV Raju, appearing for the investigative agencies. It said, "Have you seen them (Vijay Nair, Sisodia) discussing this (bribes)? 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."
Who is Vijay Nair, Dinesh Arora
Nair was AAP's communication officer and is a co-accused in the case. Investigative agencies alleged he received Rs. 100 crore in kickbacks from a purported "South Group" on behalf of AAP leaders. Nair was reportedly Sisodia's aide, along with Dinesh Arora, a Delhi-based businessman who was also an accused in the case but has now turned an approver against Sisodia.
Don't wish to implicate anyone: SC
It was previously reported that the ED is planning to make the AAP an accused in the case. Sisodia's counsel, Senior Advocate Abhishek Manu Singhvi, said many news outlets misreported it as the SC asking the ED to include the AAP as a co-accused. The bench clarified that it didn't wish to implicate anyone. The ASG, on the other hand, said he gave a statement to the media, saying those found guilty will not be spared.
