SC rejects Sisodia’s curative petition in alleged Delhi excise scam

The Supreme Court on Friday (March 15) dismissed the curative petitions filed by AAP leader Manish Sisodia against its October 30 ruling dismissing his bail pleas in corruption and money laundering cases linked to the alleged Delhi excise policy scam.

A Bench led by Chief Justice DY Chandrachud, which considered the curative pleas in-chamber, also rejected his application for listing the petitions in the open court.

Curative petition

A curative petition is the last legal recourse in the Supreme Court. It is generally considered in-chamber unless a prima facie case is made out for reconsideration of the verdict.

"Application for listing the curative petitions in open court is dismissed. We have gone through the curative petitions and the connected documents,” said the bench which also included justice Sanjiv Khanna, BR Gavai and SVN Bhatti on March 13.

“In our opinion, no case is made out within the parameters indicated in the decision of this court in Rupa Ashok Hurra vs Ashok Hurra. The curative petitions are dismissed," the judges said.

Bail denied

On December 13, the court dismissed Sisodia's plea seeking a review of its October 30, 2023 verdict dismissing his bail petitions.

On October 30, the apex court denied him bail in the cases related to the alleged 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.

But the top court termed several charges levelled by the Enforcement Directorate against Sisodia as debatable.

One charge upheld

"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 referred to the CBI's charge sheet, which said the excess amount of seven per cent commission or 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.

ED charge

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 10 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 charge sheet.

Case against Sisodia

Thus, the "conspiracy and involvement of the appellant – Manish Sisodia -- is well established", it said.

Sisodia was arrested by the Central Bureau of Investigation on February 26 last year.

The ED arrested Sisodia in a money-laundering case stemming from the CBI FIR on March 9 last year after questioning him in Tihar Jail.

Excise policy

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.

The Delhi government, Sisodia and the Aam Aadmi Party (AAP) have denied any wrongdoing and said the new policy would have led to an increase in the city government's revenue.