Manish Sisodia Challenges Supreme Court’s Bail Denial in Excise Policy Case with Review Petition

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Former Delhi Deputy Chief Minister Manish Sisodia has filed a review petition in the Supreme Court, challenging the Court’s October 30 decision that denied him bail in the Delhi excise policy case. Sisodia’s petition, filed through Advocate Vivek Jain, argues that the basis for denying him bail was erroneous, asserting that the documents submitted by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) do not establish a case against him.

The review petition, which cites at least 15 grounds, points out apparent errors in the Supreme Court’s order. The bench of Justices Sanjiv Khanna and SVN Bhatti had observed,

“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 charge sheet by the CBI alleges 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. The CBI claims that the excess amount of 7% commission, totaling ₹338 crore, constitutes an offense under Section 7 of the Prevention of Corruption Act, relating to a public servant being bribed. The ED considers these funds as proceeds of crime.

Sisodia’s petition challenges the calculation of the ₹338 crore amount, terming it erroneous and contends that the ground taken by the court to deny bail was not established by the CBI or ED in the documents presented. He has also requested an open court hearing of his review plea.

Sisodia, who has been in jail since February 26, is accused of making changes in the Delhi excise policy of 2021 to benefit a group of liquor dealers, allegedly causing wrongful loss to the exchequer by increasing the profit margin under the new regime. The Supreme Court, while dismissing his bail pleas in both CBI and ED cases, directed the trial to be completed within six to eight months, adding,

“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.”

This development in the high-profile Delhi excise policy case continues to garner attention, as it involves allegations of corruption and policy manipulation at high levels of government.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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