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'Not To Implicate Anyone': SC Clarifies Remark On AAP's Involvement in Delhi Liquor Policy Case

The Supreme Court's clarification came during the hearing of the bail plea by Delhi's former Deputy Chief Minister Manish Sisodia, arrested in connection with the liquor policy case in February.

The Supreme Court on Wednesday sought the Enforcement Directorate's (ED) clarification regarding the absence of the Aam Aadmi Party (AAP) as an 'accused' in the Delhi liquor policy case. The court clarified that the inquiry was "not to implicate any political party" but rather posed as a "legal question" in the context of the Prevention of Money Laundering Act.

The clarification was provided during the hearing of the bail plea by Delhi's former Deputy Chief Minister Manish Sisodia, arrested in connection with the liquor policy case in February. The court questioned the ED about the omission of the AAP as an accused despite allegations of the party receiving ₹100 crore in kickbacks. The hearing was conducted by a bench of justices Sanjiv Khanna and SVN Bhatti, reported Hindustan Times.

Justice Sanjiv Khanna explained, "We want to clarify that our question was not to implicate anyone. Suppose, as per the prosecution, the beneficiary is A and if A is not being prosecuted, can B or C be prosecuted? The question was posed in that context," reported HT.

The ED is likely to submit a detailed reply emphasizing accountability based on evidence. Additional Solicitor General SV Raju assured the court, stating, "Wherever there is evidence, we will book them [and] hold them accountable."

The ED has reportedly traced a money trail leading to the AAP, suggesting funds were used to support election campaigns. To this, the court had asked the ED on Wednesday: "As far as PMLA is concerned, your whole case is that it went to a political party. That political party is still not an accused. How do you answer that? He is not the beneficiary the political party is the beneficiary," reported legal news reporting website Live Law.

In addition to the AAP's involvement, the court raised a separate "legal question" on whether a court of law can examine a Cabinet note, specifically the Delhi government's notes related to the formation of the liquor policy, reported NDTV.

The case revolves around the now-scrapped 2021 liquor policy, where the AAP withdrew from liquor sales, allowing private individuals to operate stores. The Delhi government reported a 27% increase in income, generating ₹8,900 crore in revenue. Controversy ensued after allegations of rule violations in awarding liquor licenses.

The case expanded with the Enforcement Directorate implicating K Kavitha, daughter of Telangana Chief Minister K Chandrashekhar Rao. The agency claimed the policy resulted in a ₹2,800 crore loss for the Delhi government, the NDTV report stated.

Apart from Sisodia, the ED also arrested AAP MP Sanjay Singh, accused of facilitating meetings between Sisodia and Dinesh Arora, a businessman initially charged but later granted bail after becoming an approver. Delhi Chief Minister Arvind Kejriwal, who was questioned by the CBI in April for nine hours, denied all allegations.

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