Manish Sisodia Bail Hearing : Live Updates From Supreme Court In Delhi Liquor Policy Scam Case

Khanna J clarifies -

"As far as last sentence is concerned, it will not affect our decision for the simple reason that we are dealing with chargesheet as [frozen]. It's not a case where they're saying he's been arrested in anticipation. Therefore, I put that question very clearly on whether it's the same offence or a new one. I'm not answering that because it will open up a..."

Bench rises. 

AM Singhvi: If prosecutor tells Your Lordships - after one year of incarceration, when the bail is being argued, with 5 supplementary chargesheets, 500 witnesses, and 50,000 documents - that they now intend to make someone else [an accused]...

AM Singhvi: I'll tell you the position. The last sentence by my learned friend. Your Lordships will see the effect in tomorrow's papers. That is the purpose.

ASG SV Raju protests.

Khanna J (to Sr Adv AM Singhvi): ...Second part with regard to 2.20 crores, third, alleged transfer of money to Goa...As far as PMLA is concerned, let's keep third aspect apart. As far as first two is concerned, you'll have to answer. In case the money has come to the pocket of A,B, or C, then what will be the legal position.

Khanna J: As far as CBI matters is concerned, they have spoken about change in policy decision and how the loss is caused. What they have said is that there is a reason why it was done, which is unjust enrichment of A, B, or C at govt exchequer's expense or the consumers'...

Khanna J: In the corruption case, it will certainly be a separate charge. Will it be a separate charge in CBI matter?

ASG Raju: Charge may be separate, but offence would be same.

Khanna J: Just check up on this. I'm not saying anything now.

Khanna J: That will be a separate offence?

ASG Raju: That'll be the same offence.

Khanna J: Be careful with your statement. Will it be a separate or the same offence in the ED case? Answer it tomorrow. 

ASG SV Raju: I want to make another statement, I've received instructions to make it. We are contemplating making the Aam Aadmi Party an accused and invoking Section 70 to probe it additionally with respect to vicarious liability.

ASG SV Raju summarises his arguments.

Khanna J: Why have arguments on charge not yet commenced? When will they? You cannot keep somebody behind ad infinitum because you are not confident as to when you can argue...because once the chargesheet is filed arguments must commence...

ASG Raju alleges S 207 is a cause for delay.

Khanna J: It's not as simple as forfeiture as under SAFEMA...More offences have been incorporated. Rightly so, because of international instruments. But, subject to correction, [anti-money laundering] legislations abroad have not been made as broad as ours. Of course this is a question of legislative intent.