Supreme Court Grants Bail to Vijay Nair in Liquor Case

The Supreme Court has granted bail to Vijay Nair, the ex-communication incharge of Aam Aadmi Party (AAP) and a businessman, in the Delhi liquor policy case. This decision comes after Nair spent 23 months in custody, with the court citing his prolonged incarceration and trial delays as significant reasons for the relief.

The Supreme Court emphasized that the right to liberty under Article 21 of the Constitution is fundamental and must be respected, even when stringent provisions under special laws exist. The court stated that Nair’s continued detention as an undertrial is unjustified without the trial having commenced. This ruling aligns with the principle that “bail is the rule and jail is the exception.”

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This decision follows similar rulings in the case, including granting bail to former Delhi Deputy Chief Minister Manish Sisodia and BRS leader K Kavitha. The court referred to its earlier judgment in Sisodia’s case, reiterating the accused’s right to a speedy trial under Article 21, which cannot be overridden by statutory powers under the Prevention of Money Laundering Act (PMLA).

The case against Nair stemmed from a CBI FIR filed after Delhi Lieutenant Governor VK Saxena recommended an investigation into the 2021 Delhi excise policy, later scrapped. Nair, along with liquor businessman Sameer Mahendru, was accused of conspiring with others in the scam. Other accused include former Delhi Deputy Chief Minister Manish Sisodia, former excise commissioner Arva Gopi Krishna, ex-deputy commissioner in the excise department Anand Tiwari, and former assistant commissioner Pankaj Bhatnagar.

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In July last year, Nair’s bail was denied by the Delhi High Court, which upheld the trial court’s decision. The trial court had cited sufficient incriminating evidence against Nair and four others under the PMLA.

This decision by the Supreme Court reaffirms the right to liberty and the need for timely trials, setting a crucial precedent for similar cases in the future.

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