Excise policy ‘scam’: SC grants bail to AAP ex-communication in-charge Vijay Nair in money-laundering case

Tribune News Service

New Delhi, September 2

Citing the legal dictum of “bail is rule and jail is exception”, the Supreme Court on Monday granted bail to AAP’s former communication in-charge Vijay Nair in a money laundering case linked to the Delhi excise policy scam.

Liberty is “sacrosanct” and it needs to be respected in cases involving even stringent laws, a Bench of Justice Hrishikesh Roy and Justice SVN Bhatti said in its order that would enable Nair to walk out of Tihar Jail after 22 months.

The universal proposition of bail being the rule and jail being the exception will be entirely defeated if petitioner is kept in custody as an undertrial for such a long duration particularly when in the event of conviction, the final sentence can only be 7 years in the maximum. We are of the view that the petitioner deserves bail. Accordingly, bail is granted…,” it said, overruling the objections raised by Additional Solicitor General SV Raju, who represented the ED.

The Bench cited the top court’s August 9 verdict granting bail to senior AAP leader Manish Sisodia wherein it had emphasized that the right to speedy trial and the fundamental right to personal liberty under Article 21 of the Constitution can’t be subjugated to the stringent provisions under Section 45 of the PMLA.

Nair is the fourth prominent accused to be released on bail by the Supreme court in the Delhi excise policy ‘scam’ after AAP leaders Sanjay Singh and Manish Sisodia and BRS leader K Kavitha.

On July 12, the top court had granted interim bail to Delhi Chief Minister and  AAP National Convenor in the money laundering case linked to the excise ‘scam’. However, Kejriwal continues to be in jail following his June 26 arrest by the CBI in a corruption case linked to the scam. The top court is scheduled to resume hearing on Kejriwal’s bail plea in the CBI case on September 5.

Arrested by the ED on November 13, 2022, Nair had challenged the trial court’s July 29 order dismissing his default bail plea.

According to Section 167(2) of the Criminal Procedure Code, an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within 60 days or 90 days – as the case may be—from the date of remand

On July 3 last year, the Delhi High Court had refused to grant bail to Nair and other co-accused in the money laundering case – an offshoot of an FIR by the CBI lodged after Lieutenant Governor V K Saxena recommended a probe into the alleged irregularities in the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22.

The CBI and the ED have lodged separate cases pertaining to alleged corruption and money laundering in the formulation and implementation of the policy.

Nair is alleged to be the person to whom the alleged kickback amount of Rs 100 crore was delivered by the ‘South Group’ liquor lobby. He acted as a middleman for taking kickbacks from those who got liquor licenses for the other accused such as Delhi Chief Minister and Deputy Chief Minister who made the policy, the probe agencies alleged.