NEW DELHI: The Supreme Court on Monday granted bail to former Aam Aadmi Party communications in-charge Vijay Nair in connection with a money laundering case registered by the Enforcement Directorate (ED) in connection with the Delhi excise policy ‘scam’ case.
The decision came as a significant relief for Nair, in custody for 23 months. The bench led by Justice Hrishikesh Roy and Justice SVN Bhatti noted that the ED had failed to complete the trial on time despite previous assurances to the court. Approximately 350 witnesses are yet to be examined, the court observed.
“When the case of Manish Sisodia was heard by this court, the ED assured that the trial would be concluded within
6-8 months. However, the trial has not yet commenced. Despite the assurance on 30.10.2023 to conclude the trial... 40 persons have been named as accused, and the prosecution seeks to examine around 350 witnesses,” the court noted.
Acknowledging that Nair had been in custody for nearly 23 months and that prolonged incarceration without trial amounts to unjust punishment, the apex court emphasised that bail is the rule and imprisonment is the exception, thus, granting bail to Nair.
The court highlighted that the right to life under Article 21 is a fundamental right that must be respected, even under the stringent provisions of law such as the Prevention of Money Laundering Act (PMLA).
“The petitioner has been in custody for 23 months, and his continued incarceration without the commencement of trial amounts to punishment without trial. The universal principle that bail is rule and imprisonment is exception would be violated if the petitioner remains incarcerated without trial,” the court said.
The court also considered previous bail orders issued to Manish Sisodia and K Kavitha, other accused in the case.
“We have reviewed the judgment granting bail to Manish Sisodia, which reaffirmed the right to a speedy trial under Article 21 and the principle that fundamental rights under Article 21 cannot be overridden by statutory powers under the PMLA,” the Bench concluded.