New Delhi: The Supreme Court on Thursday made strong observations while hearing the bail petition of former Delhi deputy CM Manish Sisodia in the liquor policy case.
The bench of Justice Sanjiv Khanna and Justice SVN Bhatti said that the chain of evidence has not been fully established and also asked where is the proof against Sisodia, except for co-accused Dinesh Arora’s statement.
Arora, a businessman, turned approver and was granted bail recently.
The apex court said the Enforcement Directorate (ED) and Central Bureau of Investigation’s (CBI) case is about money being received by Sisodia, but how did the money reach him from the so-called liquor group.
“You have taken two figures, Rs 100 crore and Rs 30 crore. Who paid them this? There can be so many people paying the money — not necessarily connected to liquor. Where is the proof? Dinesh Arora himself is the recipient. Where is the evidence? Except for the statement of Dinesh Arora, is there any other evidence,” Justice Khanna asked.
“The chain has not been fully established,” the two-judge bench observed.
The court said that establishing the flow of money from liquor lobby to the person is difficult as everything was done under cover.
“But that’s where your competence comes in,” Justice Khanna observed, referring to CBI and ED.
On the flow of money and charges against Sisodia filed by ED under Prevention of Money Laundering Act (PMLA), Justice Khanna asked how the Aam Aadmi Party (AAP) leader – who was arrested by CBI in February and then ED in March – could be lined to PMLA.
“Manish Sisodia is not involved in all this. Vijay Nair (another accused) is there but Manish Sisodia is not in this part. How will you bring him under the money-laundering act? The money is not going to him. In case it is a company with whom he is involved, then we have vicarious liability. Otherwise, the prosecution falters. Money laundering is entirely a different offence,” Justice Khanna said.
“What is the activity connected with the proceeds of crime? PMLA deals with the process or activity connected with the proceeds of crime. So till the proceeds of crime come, the PMLA case doesn’t come,” Justice Khanna observed.
The bail hearing has been adjourned till next week.
