The Delhi High Court on Thursday sought the ED response regarding a plea made by Vijay Nair, a businessman and the communication in-charge of the Aam Aadmi Party, seeking default bail in connection with a money laundering case linked to the alleged excise policy scam.
Justice Dinesh Kumar Sharma issued notice regarding the bail application and granted the investigation agency time to file its reply.
Nair, who was apprehended on November 13, 2022, requested for default bail rejected by the trial court on July 29.
The trial court, deeming itself neither the competent nor suitable forum to evaluate the grounds for default bail, suggested that Nair approach the same judge or bench of the high court that had previously dismissed his bail plea, for considering of the point.
Senior advocate Rebecca John, appearing for Nair, contended before the high court that the ED had filed “piecemeal charge sheets” in the matter and the accused was thus entitled to statutory bail.
The ED countered the bail plea, asserting that the issue of default bail had already been unsuccessfully addressed by Nair in a prior bail plea.
Furthermore, John emphasized that bail is a fundamental right impacting personal freedom. She clarified that the reference to default bail in the earlier proceedings was only part of the “narrative” and was never asserted as a basis for bail.
During the trial court proceedings, Nair’s counsel argued that the supplementary prosecution complaint filed by the ED was submitted within the statutory period of 60 days after Nair’s arrest but without the completion of the investigation regarding him.
Thus, the supplementary prosecution complaint was termed a partial and incomplete charge sheet, filed by the ED to thwart Nair’s right to default bail.
The ED opposed the plea, contending that it was not maintainable, noting that the argument of a piecemeal or incomplete charge sheet had already been raised by Nair in his previous high court bail plea.
Earlier, on July 3, the high court declined to grant bail to Nair and other co-accused, including former Delhi Chief Minister Manish Sisodia, in the money laundering case. This case stemmed from a CBI FIR following a recommendation by Delhi Lieutenant Governor VK Saxena for a CBI investigation into the new excise policy of 2021, which was subsequently revoked.
The CBI has alleged Nair’s involvement in meetings with co-accused, liquor manufacturers, and distributors in different cities to facilitate “illegitimate funds through hawala operators.”
Further, the case implicates businessman and co-accused Abhishek Boinpally and liquor businessman Sameer Mahendru in the conspiracy to launder money.
The ED conducted raids in multiple locations after the arrest of Mahendru, who is associated with liquor distributor Indospirit Group. The case also involves former Delhi Deputy Chief Minister Manish Sisodia, former excise commissioner Arva Gopi Krishna, ex-deputy commissioner in the excise department Anand Tiwari, and former assistant commissioner Pankaj Bhatnagar.
According to the CBI and ED, irregularities were committed while modifying the excise policy and undue favours were extended to the licence holders. The Delhi government implemented the excise policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption.
The matter is scheduled for the next hearing on September 6.
