Delhi excise case | Why was party not impleaded despite claims of being ‘beneficiary’, top court asks Enforcement Directorate
The Hindu
Supreme Court questions ED for not making AAP an accused in Delhi liquor policy scam case despite claims of it being a beneficiary. Justice Khanna asked if Cabinet notes have same immunity as parliamentary proceedings. Sisodia has been in custody since Feb 2023 in connection with alleged scam. High Court & trial court denied him bail.
The Supreme Court on Wednesday asked why the Enforcement Directorate (ED) had stopped short of making the Aam Aadmi Party an accused in the Delhi liquor policy scam case despite claims that the party was a “beneficiary”.
“A political party is said to be the beneficiary of this, but it is neither an accused nor impleaded in the case. How do you answer that?” Justice Sanjiv Khanna asked Additional Solicitor General S.V. Raju, appearing for the ED.
The Bench, also comprising Justice S.V.N. Bhatti, was hearing a petition filed by Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister Manish Sisodia disputing the cases registered against him by the CBI and the ED.
Justice Khanna further asked Mr. Raju whether it was possible to examine the Cabinet notes to decide a case. The court wanted to know if Cabinet papers have the same kind of immunity as parliamentary proceedings.
“I believe there are specific Constitution Bench judgments barring us from examining Cabinet notes. I do not know if it applies to Delhi, because it is a Union Territory,” Justice Khanna told Mr. Raju.
The hearing will continue on Thursday.
Mr. Sisodia has been in custody since February 2023 in connection with an alleged scam concerning the liquor excise policy.
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