NEW DELHI: A Delhi court on Thursday dismissed an application of former AAP communications in-charge Vijay Nair seeking ‘default bail’ in a money laundering case related to the alleged Delhi excise scam. Special Judge M K Nagpal denied the relief to the accused, saying that the issue was already dealt with by the Delhi High Court, which had dismissed Nair’s plea for regular bail sought on the ground that the Enforcement Directorate had fielded a “piecemeal or incomplete prosecution complaint” (ED’s equivalent to a charge sheet) regarding him.
“This court is not competent or the appropriate forum to consider the above point or ground for default bail of the accused and the appropriate course available to the accused is to approach the same Judge or Bench of the High Court with a request for consideration of the said point or ground... With the above observations and findings, the present application filed by accused Vijay Nair is dismissed as not maintainable before this court,” the judge said.
Nair had sought default bail on the ground that though the supplementary prosecution complaint regarding him was filed by ED within the prescribed period of 60 days, it was filed without actual completion of the investigation regarding him. “Hence, it could only be termed as 'a piecemeal and incomplete complaint or charge sheet’, which has been filed by the investigating agency just to defeat the right of the applicant to be released on default bail,” the application said.
The accused further claimed that if the investigating agencies are permitted to file incomplete charge sheets to defeat the right to statutory bail, ‘then the very fabric of criminal jurisprudence will be destroyed as the law imposes a duty upon the investigating agencies to file the charge sheets against the accused only when investigation in a case is complete in all respects.” The ED had opposed the application, saying that the investigation regarding Nair stood completed when the prosecution complaint or the first supplementary complaint was filed against him.
“Though some further investigation in the matter for tracing out the other offenders and the balance proceeds of crime generated through the alleged acts of accused persons was still in progress the same is not a ground to hold that the above prosecution complaint filed qua the applicant is incomplete or a piecemeal complaint,’ the ED said.
Investigation stands completed: ED
The ED had opposed the application, saying that the investigation regarding Nair stood completed when the prosecution complaint or the first supplementary complaint was filed against him.