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Synopsis

The Delhi High Court on Thursday "issued notice" to the Directorate of Enforcement (ED) in former Aam Aadmi Party’s communication in-charge Vijay Nair's ‘default bail plea’ in a money laundering case in connection with the Delhi excise policy scam case.

Justice Dinesh Kumar Sharma sought ED's response in the plea and posted the matter for further hearing on September 6, 2023.

During the hearing, Senior Advocate Rebecca John appeared for Vijay Nair and Special Public Prosecutor Zoheb Hossain appeared for ED.

John, on behalf of Nair, submitted that the chargesheet filed before the Special Judge is a piecemeal and that the ED is continuously filling supplementary chargesheets in the matter. "Therefore, the petitioner is entitled to be admitted to the statutory bail", she contended.

The senior counsel contended that bail is an important right, where liberty of an individual is involved. 

Opposing the plea, Hossain for ED argued that vide order dated May 1, 2023, the application was moved for the grant of default bail, which was allowed to be withdrawn with liberty to move a fresh bail application seeking default bail in view of the Apex Court judgment in Ritu Chhabaria v. Union of India. He submitted that the judgment of Ritu Chhabaria (supra) was stayed by the Supreme Court on May 1, 2023. Hossain argued that notice may not be issued in this matter. 

"Issue Notice. Mr. Zoheb Hossain, SPP has accepted notice. Let reply be filed with a copy to the petitioner. The issue of maintainability will be dealt with", the court ordered.

Notably, the trial court on July 29 ‘denied default bail’ to Nair in the excise policy scam case.

While denying default bail to Nair, Special Judge MK Nagpal of the Rouse Avenue Court had said, “In view of factual and legal discussion, it is held that this court is not competent or the appropriate forum to consider the 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 and for passing of a specific order on the basis of pleadings contained in the said request application or submissions as may be made while pressing the said point or ground during the course of hearing of such application to be filed by the accused”.

“With the above observations and findings, the present application filed by the accused Vijay Nair is being dismissed as not maintainable before this court”, the judge had ordered.

It is to be noted that the High Court had denied Nair ‘regular bail’ in the matter. The court had observed that Vijay Nair was a close associate of Arvind Kejriwal and Manish Sisodia. Denying bail to Nair, the bench of Justice Dinesh Kumar Sharma had said, "The accused person (Vijay Nair) in the present case, acting in furtherance of a conspiracy, circumvented the policy and got framed the policy in such a way that to continuously generate and channel illegal fund".

"It has also come record that the accused Vijay Nair was a close associate of Chief Minister GNCT of Delhi (Arvind Kejriwal) and Shri Manish Sisodia, the then Deputy CM", the court had added.

"The investigation has further revealed that Vijay Nair arranged video call through face time with Chief Minister of GNCT of Delhi (Arvind Kejriwal), where the CM said that Nair is his boy and ....the allegations are extremely serious in nature. The alleged conspiracy has been well spun and there are prima facie credible material on record", Justice Sharma had said.

On February 16, Special Judge MK Nagpal of Rouse Avenue Court, Delhi, denied regular bail to Vijay Nair and four others in a money laundering case related to the Delhi Excise Policy Case.

Case Title: Vijay Nair v. Directorate of Enforcement