Manas Dasgupta
NEW DELHI, Sept 2: The Supreme Court on Monday granted bail to the former Aam Aadmi Party communication in-charge Vijay Nair in the alleged Delhi liquor policy scam case and the chief minister Arvind Kejriwal former aide Bibhav Kumar in the Swati Maliwal alleged assault case while the Enforcement Directorate arrested the AAP member of the Delhi Assembly Amanatullah Khan for alleged irregularities in the Delhi Waqf Board.
Relying on the legal principle of “bail is rule and jail is exception” cited by a coordinate bench, the top court said pre-trial incarceration cannot be a punishment and said liberty was “sacrosanct.” A bench comprising Justices Hrishikesh Roy and SVN Bhatti noted that Nair has been in jail for the last 22 months in the money laundering case where the maximum punishment was seven years.
On August 12, the bench had sought a response from the Enforcement Directorate (ED) on the bail plea of Nair. Nair, who was arrested by the agency on November 13, 2022, had challenged the trial court’s July 29 order dismissing his default bail plea. On July 3 last year, the Delhi High Court had refused to grant bail to Nair and other co-accused in the money laundering case.
The money laundering case stems from a Central Bureau of Investigation (CBI) FIR which was lodged after Lieutenant Governor V K Saxena recommended a probe into the alleged irregularities in the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22.
Most others arrested in connections with the alleged Delhi liquor policy scam including the former deputy chief minister Manish Sisodia, AAP MP Sanjay Singh, the Bharat Rashtra Samithi leader K Kavitha and now Vijay Nair are all out on bail. The only top leader to be still in jail is the chief minister Arvind Kejriwal whose bail plea in the ED case had already been granted and is now waiting for bail in the CBI case, also connected with the liquor policy scam.
Another bench of the apex court comprising Justice Surya Kant and Justice Ujjal Bhuyan while granting bail to Bibhav Kumar took into consideration that the accused has been in custody for 100 days and charge-sheet has already been filed in the case. It also said there were more than 51 witnesses to be examined and the conclusion of the trial would take some time.
“Petitioner is in custody for 100 days. Charge sheet filed. Injuries are simple. It’s a case for bail, you should not oppose. You can’t keep a person in jail in such case,” said the top court to SV Raju, representing Delhi police, who was opposing the grant of bail to Mr Kumar. The bench said trial court shall make an endeavour to finish examination of important and vulnerable witnesses first within three months.
The court further directed that Bibhav Kumar, who holds a Master’s degree from Delhi University and a postgraduate diploma in journalism, will not be reinstated as a personal assistant to Mr Kejriwal or given any official assignment in the chief minister’s office. The top court also restrained 43-year-old Mr Kumar from entering the chief minister’s residence till all witnesses have been examined.
Mr Kumar allegedly assaulted the former chairman of the Delhi Women’s Commission Swati Maliwal, currently an AAP Rajya Sabha MP, on May 13 at Mr Kejriwal’s official residence. An FIR was registered against Mr Kumar on May 16 under various provisions of the Indian Penal Code, including those related to criminal intimidation, assault or using criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide. He was arrested on May 18.
The Delhi high court earlier while denying him bail had stated that the accused enjoyed “considerable influence” and no ground has been made out to grant him the relief. It cannot be ruled out that witnesses may be influenced or evidence tampered with in case the petitioner is released on bail, it had said.
During the hearing, senior advocate Abhishek Manu Singhvi, appearing for the accused, submitted that the injuries to Ms Maliwal were simple and the invocation of the offence under Section 308 of the Indian Penal Code (attempt to commit culpable homicide not amounting to murder) was not justified. He further said witnesses were the officials of the Delhi police itself and hence there was no scope for intimidating or influencing of witnesses.
Meanwhile, the ED arrested Amanatullah Khan on Monday after six hours of questioning. ED officials had conducted a raid at Khan’s residence in Delhi’s Okhla after arriving early in the morning. Khan was taken into custody under the Prevention of Money Laundering Act (PMLA) in connection with alleged irregularities in the Delhi Waqf Board. He was produced in Delhi’s Rouse Avenue Court.
During the hearing in Rouse Avenue Court, the probe agency stated that Khan was the “main architect” of the scam and the main accused in the entire conspiracy. ED further noted as many as 14 summonses were issued to the AAP leader to appear before the probe agency for questioning in the case but he appeared only once, that too on the direction of the Supreme Court. “Khan is completely non-cooperative,” the probe agency noted.
Special Public Prosecutor (SPP) Manish Jain appearing for ED also told the court, “He (Amanatullah Khan) is the main accused in the entire conspiracy and the predicate offences germinate from ACB and CBI case.” “The proceeds of the crime were used to buy a property,” Jain further said, adding that a huge amount of cash was used to hide the transaction and an attempt was made to mislead the probe.
Khan, AAP MLA from the Okhla constituency in South East Delhi, is under investigation in connection with a money laundering case linked to his tenure as chairman of the Delhi Waqf Board. The case against the AAP leader stems from two FIRs, one by the CBI in the Waqf Board related alleged irregularities and another by the Delhi ACB related to an alleged case of possession of disproportionate assets.
The ED had initiated its probe based on this CBI case registered in 2016, which accuses Khan of illegally appointing individuals to non-sanctioned and non-existent vacancies at the Delhi Waqf Board, causing financial loss to the Delhi government and illegal gains to himself.
The ED had claimed that Khan acquired “huge proceeds of crime” in cash through this illegal recruitment and used the funds to purchase immovable assets in the names of his associates. AAP leaders have condemned the arrest stating that he was being held by the ED at the “direction of the dictator whose only job is to suppress all the voices raised against the BJP.”