Pleas challenging bail of businessmen: HC asks CBI to place copy of charge sheet in Delhi excise policy case

The Delhi High Court on Tuesday asked the CBI to place before it the copy of the charge sheet filed against businessmen Vijay Nair and Abhishek Boinpally in a corruption case related to the now-scrapped Delhi Excise Policy 2021-22.

Justice Dinesh Kumar Sharma was informed by the counsel for Nair and Boinpally that the copy of the charge sheet filed by the Central Bureau of Investigation (CBI) before a trial court is not on the record of the high court.

"Let the copy of the charge sheet be placed on record. List on October 6,? the high court said.

The high court was hearing the CBI's pleas challenging the bail granted to Nair and Boinpally by the trial court.

The CBI has also sought a stay on the trial court's bail order.

The high court had earlier asked Nair and Boinpally to file their replies on the pleas.

Nair, the Aam Aadmi Party's (AAP) communication in-charge, and Boinpally, however, are still in custody as they were arrested by the Enforcement Directorate (ED) in a money-laundering case related to the excise policy.

Challenging the bail order, the CBI's counsel had contended that every reasoning given by the trial court judge was "perverse".

Nair's counsel had earlier said the whole jurisprudence has changed in the country and now, it is jail and not bail.

The counsel had said the moment Nair got bail in the CBI case, he was arrested by the ED in the money-laundering case.

In its petition, the CBI said, "By way of the impugned order, the special judge has not only granted concession of bail to the respondent accused in an extremely serious and wide-ranging economic offence, but this discretion has been exercised at a very crucial stage of investigation."

It said this is a case of conspiracy sought to be carried out in an extremely convoluted manner with a clear purpose of making an attempt that the investigation, if any, does not reach the real culprits.

The CBI said it was asked to inquire into a report submitted by the Delhi chief secretary and when it commenced its probe, it unearthed the conspiracy led by Nair, who was allegedly collecting money from private liquor wholesalers in lieu of getting changes favourable for them effected in the excise policy.

While granting them bail, the trial court had said since the maximum punishment for the offence alleged against Nair and Boinpally is only seven years in jail, it cannot be considered severe enough to deny them the relief.

The trial court, in its November 14, 2022, order granting them bail, had noted that the corruption case was based on an FIR lodged by the CBI, which does not say that Nair and Boinpally committed any substantive offences, but are only alleged to be part of a criminal conspiracy.

An FIR was lodged in the matter after Delhi Lieutenant Governor V K Saxena recommended a CBI probe.

The CBI has alleged that Nair was involved in meeting the other co-accused and liquor manufacturers as well as distributors at various hotels in Hyderabad, Mumbai and Delhi for arranging "ill-gotten money through Hawala operators".

The probe agency has also claimed that Boinpally was part of the meetings and involved in the conspiracy to launder money along with another accused, liquor businessman Sameer Mahendru.

Former Delhi deputy chief minister Manish Sisodia is also an accused in the case.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours were extended to the licence holders.

The Delhi government had implemented the excise policy on November 17, 2021, but scrapped it at the end of September 2022.