Excise Policy Scam: SC Rejects AAP Leader Manish Sisodia's Curative Petitions

A bench headed by Chief Justice D Y Chandrachud, which considered the curative pleas in-chamber, also rejected his application for listing the petitions in the open court.

A curative petition is the last legal recourse in the apex court and 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. 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 bench, which also comprised justices Sanjiv Khanna, BR Gavai and SVN Bhatti, said in its order passed on March 13.

On December 13 last year, the top court had dismissed Sisodia's pleas seeking review of its October 30, 2023 verdict dismissing his bail petitions.

On October 30 last year, the apex court had 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, had 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 charge sheet, which said the excess amount of seven 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 charge sheet, 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, 2023 for his alleged role in the "scam". 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.

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.

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.