Sisodia files plea to review SC order denying him bail

Former Delhi deputy chief minister Manish Sisodia has filed a review petition in the Supreme Court against the top court’s October 30 decision denying him bail in the Delhi excise policy case. Sisodia argued that no case was made against him based on the documents submitted by the CBI and ED. He has taken at least 15 grounds to seek a review of the court's order. Sisodia was accused of making changes in the Delhi excise policy to benefit liquor dealers.

Former Delhi deputy chief minister Manish Sisodia has filed a review petition in the Supreme Court against the top court’s October 30 decision denying him bail in the Delhi excise policy case pointing out that the basis for denying him bail was “erroneous”. Sisodia submitted that no case was made out against him from the documents submitted by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

People aware of the development said that Sisodia has taken at least 15 grounds to seek a review of the top court’s order, (HT Photo)

People aware of the development said that Sisodia has taken at least 15 grounds to seek a review of the top court’s order given by a bench of justices Sanjiv Khanna and SVN Bhatti. The petition filed through advocate Vivek Jain last week said, “There are errors apparent on the face of the record making out a ground for review.”

The bench while arriving at its conclusion had observed on October 30, “We have dealt with certain aspects which are doubtful. But one aspect, with regard to the transfer of money ₹338 crore, is tentatively established. Therefore we have dismissed the bail application.”

The court was referring to CBI charge sheet which said that under the old excise regime, the commission earned by wholesale distributors was 5% which was increased to 12% under the now-scrapped excise policy introduced by the Aam Aadmi Party (AAP) government in November 2021. CBI charge sheet said, “The excess amount of 7% commission/fee earned by the wholesale distributors of ₹338 crore constitutes an offence as defined under Section 7 of Prevention of Corruption Act, relating to a public servant being bribed.”

According to ED, these were proceeds of crime based on which CBI argued saying, “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 while dismissing the bail pleas filed by Sisodia in both CBI and ED cases, directed the trial to be completed within six to eight months. “We give liberty to the appellant Manish Sisodia to move a fresh application for bail in case of change in circumstances, or in case the trial is protracted and proceeds at a snail’s pace in next three months,” the order under review said.

The review petition questioned the basis for calculating the amount of ₹338 crore, terming it “erroneous”. It further said that the ground taken by the court to deny bail was not established by CBI or ED in the documents produced before the court. Sisodia has also requested the court to allow an open court hearing of his review plea.

Sisodia was accused of making changes in the Delhi excise policy of 2021 to benefit a group of liquor dealers, causing wrongful loss to the exchequer by increasing the profit margin under the new regime.