The Unanswered Questions: Supreme Court’s Probe into Cabinet Notes and AAP’s Position

In a recent legal development, the triability of cabinet notes and the conspicuous absence of the Aam Aadmi Party (AAP) as an accused in a high-profile money laundering and corruption case have come under the spotlight. The Supreme Court has raised pivotal questions regarding these matters, seeking clarity and transparency in the legal proceedings.

Delhi High Court’s Quest for Clarity: The Delhi High Court has taken the lead in seeking elucidation on the triability of cabinet notes within the context of bail pleas filed by Manish Sisodia, a prominent leader of the Aam Aadmi Party (AAP). Currently, Sisodia finds himself in judicial custody, entangled in legal battles linked to money laundering and corruption, particularly in relation to the Delhi excise policy scandal.

The Challenging Legal Landscape: A bench comprising Justices Sanjeev Khanna and SVN Bhatti presided over this significant hearing. Additional Solicitor General (ASG) SV Raju, representing the Enforcement Directorate (ED), faced a barrage of queries from the bench. Notably, the court invoked specific constitution bench judgments that traditionally preclude the examination of cabinet notes.

The Union Territory Conundrum: Adding a layer of complexity to the situation, the bench questioned whether the established restriction on scrutinizing cabinet notes applied to Delhi, which holds the unique status of being a Union Territory. Furthermore, the court raised concerns about the limitations of probing discussions that transpire within the hallowed chambers of Parliament, a matter that has been deferred to a larger bench for deliberation.

The AAP’s Enigmatic Role: In a twist that has captured the attention of legal observers, the court has also shone a spotlight on the Aam Aadmi Party (AAP). They questioned why the AAP, purportedly the beneficiary of the money laundering scheme, has not been listed as an accused or impleaded in the case. The court inquired pointedly, “A political party is said to be the beneficiary of this, but they are not an accused or impleaded. How do you answer that?”

Continuation of Legal Scrutiny: This thought-provoking legal saga is far from over. The hearing on Manish Sisodia’s bail pleas is slated to resume on Thursday, with the court eagerly anticipating further insights into the triability of cabinet notes and the extent of the Aam Aadmi Party’s involvement in the complex web of money laundering.

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