Delhi HC to hear Vijay Nair’s bail plea on May 9

Earlier, the apex court had granted Nair the liberty to approach the high court and request for early listing of his bail plea in the money laundering case

The Delhi high court on Thursday posted the bail hearing of Aam Aadmi Party (AAP)’s former communication-in-charge Vijay Nair to May 9, advancing it by 10 days, in connection with alleged irregularities in the now-scrapped excise policy 2021-22, after Nair moved court for an early hearing.

Justice Dinesh Kumar Sharma said the counsel should be fair to the court and should see that there are 100 cases listed on the board for hearing on a daily basis. (HT Archive)

The court, however, observed that this amounted to pressuring the court.

Nair, in his application, told the court that he filed the plea for an early hearing after the apex court had asked him to approach the high court and requested for an early disposal of the bail plea.

Justice Dinesh Kumar Sharma said the counsel should be fair to the court and should see that there are 100 cases listed on the board for hearing on a daily basis.

“I will advance the date but you should be fair to the court. You see the board. And this is like putting pressure on the court. This is annoying the court,” the judge told Nair’s counsel.

As senior advocate Manish Vashisht, for Nair, urged the court to not assume that they were pressuring the court, the judge remarked, “That impression is certainly there and will remain. There are so many people lodged in jail. You want special treatment. You can afford to go to the Supreme Court so you are going.”

The high court had on April 12 sought the response of the Enforcement Directorate (ED) on Nair’s plea seeking bail and had posted the matter for further hearing on May 19. Nair, in his plea, has challenged the order of the trial court of February 16 by which his bail was rejected in connection to the money laundering case.

Nair has said he was only the media and communications in-charge of the AAP and was not involved in the drafting, framing or implementation of the excise policy in any manner and that he was being “victimised” for his political affiliation.

In his bail plea before the high court, Nair said the trial court “wrongfully and illegally” refused to grant him relief and claimed the allegations against him are wrong, false and baseless.

He asserted that his arrest on November 13 last year was completely illegal and “appears to be motivated by extraneous considerations” given that the special court was expected to pronounce orders on his bail plea in the corruption case being probed by the Central Bureau of Investigation (CBI).

“Petitioner is being victimised on account of his political affiliation and there is no merit whatsoever in the FIR or ostensibly the ECIR (ED’s version of FIR) being investigated by the Respondent… The petitioner is liable to be enlarged on bail and his constitutionally protected freedom of liberty be protected by this court,” the plea said.

Meanwhile, the high court on Thursday refused to extend liquor businessman Sameer Mahendru’s interim bail on medical grounds in connection with the money laundering case stemming from the alleged irregularities in the now-scrapped excise policy.

On February 28, a trial court had granted Mahendru interim bail on medical grounds for 30 days after he claimed he was suffering from various ailments, asking him to surrender on May 1. Besides regular bail, he has also sought extension of the interim bail by at least 12 weeks, saying he requires post-surgery care.

The high court directed Mahendru to surrender before the jail authorities on May 1, and said the practice of granting interim bail cannot be converted into an “ever-greening process” or substituting it for regular bail.

The counsel for Mahendru submitted that he may have to undergo surgery on May 5 and the court directed the jail authorities to take him to the doctor concerned on May 4.

“The petitioner, if required and advised by the doctor, may get admitted to the hospital. Guards of jail authorities shall be deployed there. The wife and minor children of the petitioner shall be given access to meet him and assist him. Food as per medical advice shall be given to him,” justice Dinesh Kumar Sharma said.

The high court also asked the doctor concerned to submit a report regarding the time to be taken for post-surgery care.

It said if the doctor says surgery is not required, he shall be taken back to prison, and in case the surgery is conducted, he shall remain admitted to the hospital till May 15, when the court will again hear the matter.

“This court is of the firm view that everybody has a right of adequate and effective medical treatment. This court also accepts the view of the senior counsel (for the accused) that there is always an issue of trust and faith between the patient and doctor,” it said.