NEW DELHI: The Supreme Court on Thursday questioned the Enforcement Directorate and the CBI over the “chain of evidence” in the Delhi excise policy case against jailed AAP leader Manish Sisodia, asking how a case was made out against the former deputy chief minister.
A bench of Justices Sanjiv Khanna and S V N Bhatti asked Additional Solicitor General S V Raju, who appeared for the probe agencies how the ED will establish Sisodia’s involvement in money laundering factually and legally. “He may be aware it may be used, as per your case, but he never came in actual physical possession,” the court said during Sisodia’s bail hearing.
Raju argued Sisodia played a key role in generating proceeds by orchestrating the policy change. To this, the bench replied: “You have to establish a chain. The money has to flow from the liquor lobby to the concerned person.”
The bench said most of the allegations in the corruption case registered by the CBI against Sisodia were “hearsay”, based on the statements made by approvers and would not pass scrutiny before the trial court without any concrete material.
Merely because some lobby or pressure groups had sought a certain policy change does not imply there was corruption or commission of crime unless an element of bribery was involved, the top court said.“Pressure groups are always there but policy changes without money consideration will not matter. It’s the money part which makes it an offence,” the bench said.
Appearing for Sisodia, senior advocate Dr A M Singhvi said a query by the bench to the ED on Wednesday, as to why the AAP or its office bearers have not been made an accused in the money laundering case, was widely sensationalised by the media.
To this, the court said that it would not get influenced by the media and clarified that it was a legal question.
The top court is hearing two separate bail petitions of Sisodia. The court will take up the matter for further hearing on October 12.
