New Delhi: The Supreme Court on Thursday put forth a volley of questions to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in the Delhi liquor policy case as it resumed hearing on the bail plea of AAP leader Manish Sisodia.
The apex court asked how was a case made and said just because some “pressure groups” sought a policy change does not imply corruption unless an element of bribery was involved, news agency PTI reported.
"We understand there was a policy change and everyone will support policies which are good for business. Pressure groups are always there but policy changes without money consideration will not matter. It's the money part which makes it an offence. If we go to an extent to say that there cannot be any pressure groups, no government can function...Lobbying will always be there. Of course, bribes cannot be accepted," the SC bench of Justices Sanjiv Khanna and SVN Bhatti said, as quoted by PTI.
Additional Solicitor General SV Raju appeared for both the central probe agencies.
The Additional Solicitor General argued that the policy was introduced to benefit the wholesalers and increase their share of profit. "Under the old policy, there was no way you can get the kickback and hence, there arose the need for policy change," Raju said, as reported PTI.
"Two questions in the cross-examination and this will fall flat," Justice Khanna said in response to Additional Solicitor General Raju’s argument.
The top court bench also asked the ED as to how the former Delhi Deputy CM was booked for money laundering when there was no evidence to show his link to the alleged proceeds of crime.
"Have you established the money laundering charge against Manish Sisodia? I am on as far as the money in Goa is concerned. He (Sisodia) has not got the possession of proceeds of crime, somebody else had. It's not an acquisition by him, but by someone else. Use is also by someone else," PTI quoted Justice Khanna as saying.
"You have to establish a chain. The money has to flow from the liquor lobby to the person concerned. We agree with you that it's difficult to establish the chain because everything is done under cover. But that's where the competence of investigators comes in,” the bench added.
Sisodia was arrested by the CBI on February 26 after the agency alleged that many ineligible vendors were awarded licences by the Delhi government in exchange for bribes. The liquor policy, introduced in November 2022, was withdrawn eight months later amid allegations of corruption.
Sisodia has been in custody since then. The ED arrested him in a money laundering case stemming from the CBI FIR on March 9. Sisodia resigned from the Delhi cabinet on February 28.
The apex court's hearing comes a day after AAP Rajya Sabha MP Sanjay Singh was arrested in a money laundering case related to the Delhi excise policy scam. Sanjay Singh was arrested by the ED on Wednesday evening after a raid at his house and a round of questioning.