Recently, the Supreme Court (SC) of India granted bail to former communications-in-charge of the Aam Aadmi Party (AAP) Vijay Nair in the money laundering case related to the Delhi excise policy scam. While granting him bail, the bench said that despite the ED’s (Enforcement Directorate) assurance to the Court, it had been able to complete the trial on time. Also, the bench observed, “When the case of Manish Sisodia was taken by this court, the assurance was given by ED that trial would be concluded within 6 to 8 months but as can be seen that trial is yet to commence. While assurance was given by ED on October 30, 2023, on early conclusion of trial within 6 to 8 months, it is seen that as many as 40 persons have been arrayed as accused. The prosecution seeks to examine around 350 witnesses.”
The bench constituting Justice Hrishikesh Roy and Justice SVN Bhatti reaffirmed the principle of ‘bail is the rule and jail is the exception’. While noting that Vijay Nair has been in custody for 23 months, the bench said, “The petitioner is in custody for 23 months and his incarceration as undertrial cannot be a mode of punishment without trial being commenced. The universal rule of bail being rule and jail being exception will be defeated if the petitioner is kept incarcerated without trial being started.” Therefore, the SC bench granted bail to Nair. During the proceedings, senior advocates Abhishek Singhvi and Vikram Chaudhary appeared for Vijay Nair.