Delhi Liquor Policy Case: ED likely to invoke PMLA’s Section 70 to make AAP accused

Delhi Liquor Policy Case: ED likely to invoke PMLA’s Section 70 to make AAP accused

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Enforcement Directorate is likely to invoke Section 70 of the Prevention of Money Laundering Act (PMLA) to make Aam Aadmi Party as an accused in the Delhi liquor policy case, said people in the know. The policy was scrapped by the Delhi government in August 2022.

Although the section deals with “offences by companies”, sources said that the federal agency was of the view that the section empowered it to book a political party for any alleged violation under PMLA.

Section 70(1) of PMLA states: “Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to the company, for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.”

The section states that “company” means anybody corporate and includes a firm “or other association of individuals”. The agency is of the view that trusts and companies are already under the purview of PMLA and a political party just like another juridical person can be booked under PMLA.

“In the case of a company, the company is booked through its director, manager, secretary or any other representative. Likewise, in the case of a political party it can be booked through its convenor or treasurer or any other representative,” shared a senior official, adding that “all legal options are being explored”. The agency is yet to take a final call on whether to implead AAP as an accused in the case.

If impleaded as an accused, AAP would become the first political party to be booked by a probe agency. ET had reported last week that ED is readying a supplementary charge sheet in the case. The agency is seeking to quiz AAP’s convenor and Delhi CM Arvind Kejriwal in connection with its money laundering probe. Kejriwal has skipped the summons thrice.The charge sheet is likely to put the spotlight on the beneficiaries: AAP as a political party and the alleged involvement of Bharat Rashtra Samithi leader and former Telangana CM K Chandrashekar Rao’s daughter Kavitha Kalvakuntla. She has denied all the allegations against her.

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