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AAP to be made co-accused in excise policy scam, ED tells Delhi High Court

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Satya Prakash

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New Delhi, May 14

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A month after the Delhi High Court ruled that political parties can be prosecuted for money laundering, the Enforcement Directorate (ED) on Tuesday said it would make the Aam Aadmi Party an accused in one such case linked to the Delhi excise policy scam.

Action in next prosecution complaint

AAP is going to be made a co-accused in next prosecution complaint (chargesheet) to be filed in the case. ED counsel

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n A Delhi court on Tuesday extended the judicial custody of BRS leader K Kavitha, arrested in a money laundering case related to alleged Delhi excise policy scam, till May 20

“AAP is going to be made a co-accused in the next prosecution complaint (chargesheet) to be filed in the case,” the ED counsel told Justice Swarana Kanta Sharma, opposing the bail plea of senior AAP leader and former Delhi Deputy Chief Minister Manish Sisodia.

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Justice Sharma reserved her verdict on Sisodia’s bail pleas in money laundering and corruption cases registered by the ED and the CBI, respectively. Interestingly, Justice Sharma had last month ruled that a political party can be prosecuted under the Prevention of Money Laundering Act (PMLA).

Dismissing Delhi CM Arvind Kejriwal’s petition challenging his arrest by the ED, Justice Sharma had, on April 9, held that the definition of “political party” under the Representation of Peoples Act and the definition of “company” under the PMLA were identical. After examining the two definitions, Justice Sharma had said, “This court is of the opinion that the definition of ‘political party’ as per Section 2(f) of the Representation of Peoples Act is that a political party means an ‘association or body of individuals’. As per Explanation-1 of Section 70 of the PMLA, a ‘company’ also means an ‘association of individuals’.”

The HC had upheld Kejriwal’s arrest as he was the national convener of AAP that allegedly used proceeds of the crime in the 2022 Goa Assembly elections.

On Tuesday, the CBI adopted the submissions made by the ED counsel who alleged that accused were making concerted efforts to delay the framing of charges in the case. On behalf of Sisodia, senior counsel Mohit Mathur denied that allegation.

However, the ED counsel said, “Accused No. 31 comes forward and says that in the last two months, I have inspected only 100 documents, and 1,600 out of 1,700 remained to be inspected. Accused No. 31 is the spokesperson for this party (AAP), which will also be made an accused in the next prosecution complaint.”

Sisodia has challenged the Delhi Special Court’s April 30 order dismissing his bail pleas in corruption and money laundering cases in connection with alleged irregularities in the formulation and implementation of the Delhi excise policy for 2021-22.

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