 "SC reiterates 'jail is exception' as it grants bail to AAP's Vijay Nair")
The Supreme Court granted bail on Monday to Vijay Nair, the communications-in-charge of the Aam Aadmi Party (AAP), who has been implicated in the money laundering case linked to the Delhi excise policy scam, according to a report by Bar and Bench.
A Bench comprising Justices Hrishikesh Roy and SVN Bhatti expressed concerns that the Enforcement Directorate (ED) had not adhered to its timeline for completing the trial, despite earlier assurances. The Court noted that around 350 witnesses still need to be examined.
The Court recalled that when Manish Sisodia's case was considered, the ED had assured the Court that the trial would conclude within six to eight months. However, the trial had not yet commenced. The Court observed that while the ED gave its assurance on October 30, 2023, promising an early conclusion within six to eight months, as many as 40 individuals had been charged, and the prosecution planned to examine approximately 350 witnesses.
The Court further pointed out that Nair had been in custody for 23 months, emphasising that trial proceedings should not become a form of punishment.
"The right of liberty under Article 21 is a sacrosanct right which requires to be respected even in cases where stringent provisions are enacted under special laws," the Supreme Court said in its order.
It added that the general principle of bail being the norm and jail being the exception would be undermined if the petitioner were to remain incarcerated without the trial commencing.
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“The universal rule of bail being the rule and jail being the exception will be defeated if the petitioner is kept incarcerated without the trial being started," the Court stated.
Similar grounds of bail for other AAP leaders by SC
This decision follows similar rulings where bail was granted to other high-profile accused in the case, such as former Delhi Deputy Chief Minister Manish Sisodia and BRS leader K Kavitha.
What is the case against AAP’s Vijay Nair?
The money laundering case against Nair stemmed from a Central Bureau of Investigation (CBI) FIR filed after Delhi Lieutenant Governor VK Saxena recommended an investigation into the city's 2021 excise policy, which was subsequently scrapped. Nair, along with liquor businessman Sameer Mahendru, is accused of conspiring with others in the scam.
According to the central agencies, the excise policy was allegedly altered to favour certain traders, with profit margins adjusted in their favour. It is further alleged that kickbacks were received in exchange for these changes.
The ED and CBI registered cases related to the alleged scam following the recommendation for a CBI probe by Delhi Lieutenant Governor (LG) VK Saxena, which was based on a report by the Delhi Chief Secretary.
Nair is accused of being the recipient of the alleged Rs 100 crore kickback, which was supposedly transferred or delivered to him by the 'South group' liquor lobby.