SC notice to ED over Nair’s bail plea, hearing in 2 weeks

The Supreme Court on Monday issued notice to the Enforcement Directorate (ED) on a bail plea filed by former Aam Aadmi Party (AAP) communications in-charge Vijay Nair — arrested in connection with alleged irregularities in the promulgation of the Delhi excise policy 2021-22 — who suggested that the trial in the case, which is yet to commence, is unlikely to end soon.
Nair relied on a recent apex court order granting bail to former Delhi deputy chief minister Manish Sisodia to argue his case.
Issuing notice on his petition, a bench of justices Hrishikesh Roy and SVN Bhatti sought the response of ED and posted the matter for hearing after two weeks.
Appearing for Nair, senior advocates Abhishek Manu Singhvi and Vikram Chaudhary pointed out that their client was arrested by the Central Bureau of Investigation (CBI) in the predicate offence relating to irregularities in the now-scrapped policy, and has remained incarcerated after ED took over probe for alleged money laundering under the Prevention of Money Laundering Act (PMLA).
“I have been in custody for nearly 23 months (almost 2 years) and I am seeking bail only in the ED case as the trial court granted me bail in the CBI matter. My case is on a higher footing,” Chaudhary said, as he read the Sisodia judgment delivered by the top court on August 9 to seek similar relief.
In the ED case alone, it was pointed out that the trial court must examine over 50,000 pages of documentary evidence and about 350 witnesses.
Nair has been accused by CBI and ED to be close to Delhi chief minister Arvind Kejriwal as he used to work from the CM’s camp office and was also in touch with the alleged South Group — businessman who allegedly benefitted from favourable provisions introduced by the 2021-22 excise policy.
Following CBI investigations, ED arrested Nair in November 2022 and claimed that he played a crucial role in channelling alleged kickbacks received from businessmen to the AAP through hawala channels. This money was used by the party in the Goa elections of 2022, the federal agency has alleged.