The Supreme Court on Thursday told the ED that it has to prove the flow of money from a liquor lobby to the “concerned person” as it resumed the hearing of two separate bail pleas of former deputy chief minister Manish Sisodia in the alleged Delhi excise policy scam — the corruption case being probed by the CBI and the related money laundering case under investigation by the ED.
The court said while it is difficult to establish such a connection, it is where the competence of the investigating agency comes in. “You have to prove that money has to flow from liquor lobby to concerned person… We understand it’s difficult to establish that, but here is the competence of the investigating agency: how do you prove that?” it asked.
When Additional Solicitor General SV Raju said the statements in the chargesheet were all corroborated, the SC bench said “these statements are from people who have become your approvers” in reference to Sisodia’s close aide Dinesh Arora turning approver in the case.
The SC heard arguments from both sides and also asked the ED to explain the trail of evidence how money had changed hands in the case. It also pointed out that the investigating agencies had mentioned two figures — CBI has said Rs 100 crore in its chargesheet while the ED has written Rs 33 crore.
“You have taken two figures — Rs 100 crore and Rs 33 crore. There are so many people who can pay money to a political party, how do you know they are linked to liquor?”
To this Raju said there is involvement. But, the court replied: “The CBI chargesheet said it is Rs 100 crore and, in ED chargesheet, the amount is reduced to Rs 33 crore. Dinesh Arora himself is the recipient. Where is the evidence? Except for the statement of Dinesh Arora, is there any other evidence? Where are the angadias traced to? How has the money reached Goa?”
The court adjourned the hearing of the bail pleas till next Thursday (October 12).
On Wednesday (October 11), too, the SC asked the ED to explain why the political party (AAP), which is the alleged beneficiary of the liquor policy scam, has not been made accused in the money laundering case. The ED has claimed the AAP used Rs 100 crore received as kickback from various stakeholders for its campaign in the 2022 Goa assembly elections.
A bench of Justices Sanjiv Khanna and SVN Bhatti posed the question, as it commenced the hearing of Sisodia’s bail pleas. “As far as the PMLA case is concerned, your whole case is that it (kickback) went to the political party. It is the beneficiary and not him (Sisodia), but then you have to explain as to why the political party is still not an accused in the case. How do you explain this?” the bench told Raju, who appeared for the ED.
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