Delhi excise policy case: SC grants bail to ex-AAP functionary Vijay Nair in PMLA case

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The Supreme Court (SC) on Monday granted bail to former Aam Aadmi Party (AAP) communication in-charge Vijay Nair in the Delhi excise policy case. The court, while granting bail to Nair said liberty is "sacrosanct". Nair is booked under the provisions of the Prevention of Money Laundering Act (PMLA), news agency PTI reported.

Relying on the legal principle of "bail is rule and jail is exception" cited by a coordinate bench, the top court said that pre-trial incarceration cannot be a punishment.

A bench comprising Justices Hrishikesh Roy and SVN Bhatti noted that Nair has been in jail for the past 22 months. He was arrested by the Enforcement Directorate (ED) on November 13, 2022. The maximum punishment in a money laundering case is seven years. On July 29, Nair had challenged the trial court's order dismissing his default bail plea. On August 12, the bench had sought a response from ED on Nair's bail plea.

Last year on July 3, the Delhi High Court had refused to grant bail to Nair and the other co-accused in the money laundering case.

The money laundering case stems from a Central Bureau of Investigation (CBI) first information report (FIR), which was 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 August 27, the apex court granted bail to Bharat Rashtra Samithi leader K Kavitha in corruption and money laundering cases linked to Delhi excise policy case, the PTI reported.

According to the PTI, a bench of Justices B R Gavai and K V Viswanathan noted that Kavitha has been in custody for around five months and the probe against her by CBI and ED was complete in these cases.

The apex court set aside a July 1 Delhi High Court order denying her bail. The high court had dismissed Kavitha's bail pleas in both cases, saying she was prima facie one of the main conspirators in the criminal conspiracy related to the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22, as per the PTI.

(With PTI inputs)