Today, the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) told the Supreme Court that they were thinking of adding the Aam Aadmi Party (AAP) as an accused in the Delhi excise policy scam case.

The matter was heard before the division bench of Justice Sanjiv Khanna and SVN Bhatti 

"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 told a bench hearing the bail applications filed by former Delhi Deputy Chief Minister Manish Sisodia in the liquor policy scam.

In the course of the hearing, Justice Khanna emphasized  that a person cannot be kept behind bars indefinitely merely  because the trial court has not yet initiated the proceedings on the charges.

Justice Khanna cautioned, "Exercise caution in your statement. Will the ED case entail a distinct offense, or will it be linked to the same offense? Please provide your response tomorrow. In the corruption case, it is undoubtedly a distinct charge. Will it similarly be an independent charge in the CBI matter?"

The Additional Solicitor General (ASG) responded, "The charges may be distinct, but the underlying offense remains the same."

Justice Khanna made it clear that the ASG's statement would not have any bearing on the decision regarding Sisodia's bail.

"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..." Justice Khanna said as the bench rose for the day.

During the previous hearing, the Court questions ED why the AAP(without specifically naming it) was not added as an accused when it is alleged to be the beneficiary.

"As far as PMLA is concerned, your whole case is that it went to a political party.''

Further, the Bench questioned, ''Political party is still not an accused. How do you answer that? He is not the beneficiary, the political party is the beneficiary,"