The Supreme Court on Monday granted bail to Vijay Nair, Aam Aadmi Party's communications-in-charge, accused in a money laundering case related to the Delhi excise policy scam. A bench comprising Justices Hrishikesh Roy and SVN Bhatti observed that the Enforcement Directorate (ED) has not adhered to its earlier assurances of completing the trial in a timely manner, with 350 witnesses yet to be examined.
"When the case of Manish Sisodia was taken up, the ED had assured the court that the trial would be concluded within 6 to 8 months. However, the trial is yet to begin. As of now, 40 persons have been charged, and the prosecution intends to examine around 350 witnesses," the court noted.
The bench emphasized that Nair has been in custody for 23 months, stating that pre-trial incarceration should not serve as punishment. "His incarceration as an undertrial cannot be a form of punishment without the trial having started. The principle that bail is the rule and jail is the exception would be violated if the petitioner continues to be detained without trial commencement," the court said.
The Delhi High Court had denied bail to Nair in July last year, prompting him to approach the Supreme Court through advocate Binisa Mohanty. Nair was also previously granted bail in the Central Bureau of Investigation's (CBI) case in November 2022.
Nair is accused of being involved in a conspiracy where officials of the Delhi government allegedly granted liquor licenses to select traders in exchange for bribes. Central agencies claim that the excise policy was altered to benefit these traders, with kickbacks received in return. The alleged ₹100 crore kickback was reportedly transferred to Nair by the 'South group' liquor lobby.
Prominent figures including Delhi Chief Minister Arvind Kejriwal and former Deputy CM Manish Sisodia were arrested by the ED in connection with the case. While Sisodia and Bharat Rashtra Samithi leader K Kavitha were granted bail, Kejriwal remains in prison, with his bail plea set to be heard by the Supreme Court.
