SC Grants Bail To Vijay Nair In Excise Policy Scam

The Supreme Court on Monday granted bail to Vijay Nair, the former communications incharge of the Aam Aadmi Party (AAP), in the money laundering case linked to the alleged Delhi excise policy scam.

Court’s Rationale for Bail

A Bench led by Justice Hrishikesh Roy noted that the Enforcement Directorate (ED) had promised last October that the trial in the excise policy case would conclude within six to eight months. However, Nair has been in custody for approximately 23 months without trial.

The Bench, which also included Justice SVN Bhatti, stated that incarcerating Nair without starting the trial would undermine the principle that bail is the rule and jail is the exception. The Court emphasized that Article 21 guarantees the right to liberty and must be respected even in cases involving stringent laws.

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The Court ordered Nair’s release on bail after he furnishes a bond of Rs 10 lakh. Nair must also avoid tampering with evidence or influencing witnesses and must deposit his passport with the trial court. The Supreme Court clarified that granting bail does not affect the trial’s merit.

Legal Arguments and Counterarguments

Senior advocate Abhishek Manu Singhvi, representing Nair, argued that his client has been incarcerated for nearly two years, which is over half of the possible maximum punishment. Singhvi noted that other senior leaders, such as former Delhi Deputy Chief Minister Manish Sisodia and BRS leader K Kavitha, had received bail in the case.

On the other hand, Additional Solicitor General (ASG) SV Raju, representing the ED, opposed the bail. Raju argued that Nair, acting as a “middleman,” received kickbacks from liquor businessmen. He contended that Nair had not met the conditions for bail under Section 45 of the Prevention of Money Laundering Act (PMLA).

Raju also criticized Nair for allegedly delaying the trial. The Supreme Court had previously deferred the hearing, expressing frustration over the ED’s delay in filing a counter affidavit.

Previous Court Decisions

The Delhi High Court had denied bail to Nair in July last year, challenging a trial court’s rejection of his bail application. The trial court cited serious allegations and sufficient incriminating evidence against Nair and others involved.

The trial court noted that despite Nair’s role as a media and communications incharge, he represented AAP and the GNCTD in meetings with liquor business stakeholders. The court highlighted concerns over Nair’s unofficial representation and his residence in a senior minister’s accommodation.

The Supreme Court’s recent decision marks a significant development in the ongoing case, with Nair’s release pending compliance with the Court’s conditions.