New Delhi: The Supreme Court on Monday (September2) granted bail to former Aam Aadmi Party (AAP) communication in-charge Vijay Nair in an excise policy-linked money laundering case, saying, “The universal rule of bail being rule and jail being exception will be defeated if the petitioner is kept incarcerated without trial being started,”
A bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti granted bail to Nair subject to conditions given in the bail orders of former Delhi Deputy Chief Minister Manish Sisodia and K Kavitha.
Apex court noted that Nair has been in jail for last 22 months
The bench, while granting bail to Nair, noted that he has been in jail for the last 22 months in the money laundering case where the maximum punishment is seven years. The bench further noted that while assurance was given by the Enforcement Directorate (ED) on October 30 last year on early conclusion of trial within six to eight months, as many as 40 accused in the case has been arrayed as witness and the prosecution seeks to examine 350 witnesses. The bench further noted that When the case of Manish Sisodia was heard by the top court, the assurance was given by ED that trial would be concluded within six to eight months but the trial in the case is yet to commence.
Right of liberty a sacrosanct right which requires to be respected even in cases where stringent provisions are enacted: Apex court
The bench said that right of liberty under Article 21 is a sacrosanct right which requires to be respected even in cases where stringent provisions are enacted under special laws.
“In the case at hand, the petitioner is in custody for 22 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. Considering the above, we are of the view that petitioner deserves bail subject to conditions given in Manish Sisodia and K Kavitha bail order,” the bench said in its order.
Nair had moved the top court challenging an order of the Delhi High Court refusing to grant him bail in the money laundering case. The High Court on July 3 last year refused to grant him and others bail in the money laundering case.
