LI Network
Published on: October 21, 2023 at 16:10 IST
The Delhi High Court has emphasized that it will not attribute any political affiliations or motives to the central investigative agency, the Enforcement Directorate (ED), without concrete evidence.
This decision came as part of the case of Sanjay Singh v Union of India & Anr, where Aam Aadmi Party (AAP) MP Sanjay Singh challenged his arrest and subsequent remand order by the ED in the Delhi Excise Policy scam.
Justice Swarana Kanta Sharma, presiding over the case, made it clear that the Court will not engage in discussions regarding the political motivations behind the Delhi excise policy case or the allegations that the ED, responsible for investigating money laundering cases, is controlled by a particular political party.
The Court stressed the importance of evidence in making such claims and its potential impact on the reputation of a country’s premier investigative agency.
The Court further elaborated that, while the ED is indeed a premier investigative agency, it cannot be expected to perform miraculous feats. Investigative processes take time, and even with the aid of technology and the best investigative skills, reaching the truth is a gradual process.
Sanjay Singh’s case revolves around allegations that he played a significant role in framing and implementing the now-defunct Delhi Excise Policy, which was accused of favoring specific liquor manufacturers, wholesalers, and retailers. Singh contended that there was no money trail or recovery of money in the case.
The Court, however, acknowledged that in a case where cash kickbacks have been alleged to be paid in advance, it is unreasonable to expect an obvious money trail at the initial stages of investigation.
The ruling also highlighted the need to present the entire material, including both inculpatory and exculpatory evidence, before the Court, which the investigative agency is actively collecting.
This decision reinforces the principle of impartiality and underscores the importance of evidence in making claims about the political affiliations of investigative agencies. It comes in the context of high-profile arrests of AAP leaders in the Delhi Excise Policy case, including Sanjay Singh, Vijay Nair, and Manish Sisodia, all of whom are connected to the alleged irregularities in the excise policy.