[Excise Policy Scam] Delhi High Court to hear Former AAP Communication In-Charge Vijay Nair’s bail plea on May 9

The Delhi High Court on Wednesday posted former Aam Aadmi Party (AAP) communications in-charge Vijay Nair's bail plea in connection with the money laundering case related to the Delhi excise policy scam for hearing on May 9, 2023.

During the hearing today, Senior Advocate Manish Vashisht appearing for Nair filed an early hearing application. He contended, “This is an early hearing application. I am sorry to trouble my lordships with this application, but the Hon'ble Supreme Court has requested to take up this bail application”.

To this, Justice Dinesh Kumar Sharma said, “Mr. Vashisht I'll prepone it but what do I say? You should be fair to the court. 19th of May is the date of the hearing. You see the board. 100 matters are being listed. This is like putting pressure on the court.”

The senior counsel contended, “No! no! No pressure, your lordships! With utmost respect, lordships may see the order of the Supreme Court. I don't have anything more to say. But kindly don't have this impression... The grievance is that my lord without there being any basis, it's a long period wait of 6-7 months without there being any iota of evidence, without there being any substance being collected. Merely on assumptions & probabilities, this person is being kept behind bars.

Opposing the early hearing application, the counsel for the Directorate of Enforcement (ED) referred to the Supreme Court’s order in the SLP.

The Supreme Court’s order in the SLP reads as:

"Having regard to the fact that the case is already listed on 19th May, we are not inclined to entertain the SLP. However, the liberty to file an early hearing application, which may be considered"

Taking note of the submissions, the bench of Justice Dinesh Kumar Sharma allowed the “early hearing application” in the bail plea and said, “List it before May 15". The matter will now be heard on May 9, court ordered.

It is to be noted that on April 12, the single-judge bench had issued notice to the ED in the present bail plea and listed the matter for further hearing on May 19, 2023.

Background:

Notably, on February 16, Special Judge MK Nagpal of Rouse Avenue Court, Delhi, denied bail to Aam Aadmi Party’s Vijay Nair and four others in a money laundering case related to the Delhi Excise Policy Case.

Observing that “allegations are quite serious”, the court had denied bail to Nair, Sameer Mahendru, Abhishek Boinpally, Sarath Chandra Reddy, and Benoy Babu.

The judge in the 123-page order had stated that there is enough incriminating evidence to show the entire “modus operandi” adopted by the accused persons for the commission of offences under the Prevention of Money Laundering Act (PMLA).

Case Title: Vijay Nair v. Directorate of Enforcement