
The Supreme Court (SC) on Monday granted bail to Aam Aadmi Party's (AAP) former communication in-charge and businessman Vijay Nair in the Delhi liquor policy case. "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 top court said in its order.
Nair was arrested on November 13, 2022. The top court stated that Nair's continued detention as an undertrial could not be justified without the trial having commenced, reaffirming the principle that "bail is the rule and jail is the exception."
This comes just weeks after the apex court granted bail to former Delhi Deputy Chief Minister Manish Sisodia and BRS leader K Kavitha. The SC referenced its earlier judgment in Sisodia's case, reiterating the accused's right to a speedy trial under Article 21 of the Constitution.
The court added that the fundamental rights guaranteed under Article 21 cannot be overridden by statutory powers under the Prevention of Money Laundering Act (PMLA).
The ED's money laundering case against Nair was based on a CBI FIR filed after Delhi Lieutenant Governor VK Saxena recommended an investigation into the 2021 excise policy, which was later scrapped. Nair, along with liquor businessman Sameer Mahendru, is accused of conspiring with others in the scam.
The other accused in the case include former Chief Minister Arvind Kejriwal's former deputy Manish Sisodia, former excise commissioner Arva Gopi Krishna, ex-deputy commissioner in the excise department Anand Tiwari, and former assistant commissioner Pankaj Bhatnagar.
The CBI has alleged that Nair met some other co-accused, liquor manufacturers and distributors at various hotels in Hyderabad, Mumbai and Delhi for arranging "ill-gotten money through hawala operators" that was given to the AAP as a kickback in return for favours.
The central agency also claimed that businessman and co-accused Abhishek Boinpally was part of the meetings and was involved in the conspiracy to launder money along with another accused liquor businessman Sameer Mahendru.
In July last year, Nair was denied bail by the Delhi High Court. He had moved the High Court challenging a trial court order that rejected his bail application.
(With inputs from Aneesha Mathur)