Excise policy scam: Supreme Court rejects Sisodia's pleas seeking review of its Oct 30 verdict denying him bail

New Delhi: In yet another setback to senior AAP leader Manish Sisodia, the Supreme Court has dismissed his pleas seeking review of its October 30 verdict dismissing his bail petitions in the corruption and money laundering cases related to the alleged Delhi excise policy scam.

A bench of Justice Sanjiv Khanna and Justice SVN Bhatti dismissed the review petitions on Wednesday during in chamber proceedings where such pleas are considered and decided.

"We have carefully perused the review petitions as also the grounds in support thereof. In our opinion, no case for review of the judgment dated October 30, 2023, is made out. The review petitions are, accordingly, dismissed," the bench said in its order which was passed on Wednesday but uploaded on the apex court's website on Thursday.

It also rejected Sisodia's request for an oral hearing on the review petitions.

In a setback to Sisodia, the apex court had on October 30 denied him bail in the corruption and money-laundering cases related to the alleged Delhi excise policy scam, saying the allegations by the probe agencies that "windfall gains" of Rs 338 crore was made by a few wholesale distributors was "tentatively supported" by evidence.

The top court, which termed several charges levelled by the Enforcement Directorate against Sisodia as debatable, said about the alleged windfall gains that "However, there is one clear ground or charge in the complaint filed under the PML Act, which is free from perceptible legal challenge and the facts as alleged are tentatively supported by material and evidence."

It had referred to the CBI's chargesheet, which said the excess amount of 7 per cent commission/fee earned by the wholesale distributors totalling Rs 338 crore constituted an offence as defined under section 7 of the Prevention of Corruption Act relating to bribery by a public servant. It had said as per the ED's complaint, the amount of Rs 338 crore is the proceeds of crime.

"This amount was earned by the wholesale distributors in a span of ten months. This figure cannot be disputed or challenged. Thus, the new excise policy was meant to give windfall gains to select few wholesale distributors, who in turn had agreed to give kickbacks and bribes," the top court had noted from the CBI's chargesheet, adding, the "conspiracy and involvement of the appellant Manish Sisodia is well established".

Sisodia was arrested by the Central Bureau of Investigation (CBI) on February 26 for his alleged role in the "scam".

The ED arrested Sisodia in a money-laundering case stemming from the CBI FIR on March 9 after questioning him in Tihar jail. Sisodia resigned from the Delhi cabinet on February 28.

The Delhi government had implemented the new excise policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption.

According to the investigating agencies, the profit margin of wholesalers was increased from 5 per cent to 12 per cent under the new policy.

The agencies have alleged that the new policy resulted in cartelisation and those ineligible for liquor licences were favoured for monetary benefits. However, the Delhi government and Sisodia have denied any wrongdoing and said the new policy would have led to an increase in the city government's revenue.