Delhi excise scam case: Supreme Court grants bail to former AAP media incharge Vijay Nair

Delhi excise scam case: The Supreme Court of India (SC), has on September 2, granted bail to former Aam Admi Party's (AAP) media incharge Vijay Nair in the alleged Delhi excise scam case.

A Bench of Justices Hrishikesh Roy and SVN Bhatti said that the Enforcement Directorate has not been able to complete trial on time despite its assurances to the Court and around 350 witnesses have to be examined, according to a report in Bar and Bench.

"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 Court observed, as reported by Bar and Bench.

Nair's bail comes less than a week after the Supreme Court granted bail to Bharat Rashtra Samithi (BRS) MLC K Kavitha in the Delhi excise policy case. The SC reprimanded the Central Bureau of Investigation (CBI) and the ED over the nature of the probe they have conducted in the case.

The Court has already granted bail to AAP leaders Sanjay Singh and Manish Sisodia, apart from Kavitha in the case. Delhi Chief Minister Arvind Kejriwal, however, continues to be in jail in the case.

The Court further noted that Nair has been in custody for 23 months and that trial cannot become a punishment. "In the case at hand, 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 petitoner is kept incarcerated without trial being started," the Court stated.

Hence, the top court ordered that Nair be released on bail, Bar and Bench said.