Nair said he was only the media and communications in charge of AAP and was not involved in the excise policy in any manner.
Delhi High Court. (Creative Commons)
The Delhi High Court on Wednesday, 12 April, sought the Enforcement Directorate’s (ED) stand on the bail plea by Vijay Nair — businessman and Aam Aadmi Party’s (AAP) communications in-charge — in connection with a money laundering case stemming from the alleged Delhi liquor scam.
Justice Dinesh Kumar Sharma issued notice to the agency on the petition filed by Nair.
He said he was only the media and communications in-charge of 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.
The trial court had refused to grant bail to Nair and four other accused — Sameer Mahendru, Sharath Reddy, Abhishek Boinpally and Benoy Babu — on 16 February while noting further investigation was still pending and it was not possible to hold that they would make no attempt to tamper with the evidence if released.
In his bail plea before the high court, 38-year-old Nair said the trial court “wrongfully and illegally” refused to grant him relief and that the allegations against him are wrong, false and without any basis.
The petition asserted his arrest on 13 November 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 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 Hon’ble Court,” the plea stated.
It claimed the ED has not been able to establish any money trail leading to the petitioner much less to any public servant and loose, uncorroborated allegations cannot constitute the basis of a prosecution.
“The petitioner is only the media and communications in charge of AAP and does not hold any position with the Delhi Government of whatsoever nature and is therefore not involved in the drafting, framing or implementation of the Excise Policy in any manner,” it added.
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”.
It has also claimed that Boinpally was part of the meetings and involved in the conspiracy to launder money along with liquor businessman Sameer Mahendru — who belongs to the so-called “South Group”, according to the investigative agency.
The other accused in the case are former Delhi deputy chief minister Manish Sisodia, former excise commissioner Arva Gopi Krishna, former deputy commissioner in the excise department Anand Tiwari and former assistant commissioner Pankaj Bhatnagar.
The South Group, the ED alleged, had paid ₹100 crore kickback to Vijay Nair, who is the communications in-charge of AAP.
In return, Nair ensured that the South Group — comprising BRS MLC K Kavitha, YSRCP MP Magunta Srinivasulu Reddy and his son Magunta Raghava Reddy, among others — secured stakes in wholesale businesses as it had no hold over the Delhi liquor business.
He ensured that the group was allowed to hold multiple retail licences over and above the permissible number as per the excise policy.
Dinesh Arora, a close associate of Nair, in his statement on 1 October 2022 revealed that the South Group gave ₹100 crore to Nair in advance and it was to get back the money from three major wholesalers.
Earlier, on 22 and 23 February, the ED had questioned the former Chartered Accountant of K Kavitha, Butchibabu Gorantla, to uncover more details of the South Group.
During questioning, the ED mainly focused on Gorantla’s association with the members of South Group in reportedly paying kickbacks to AAP leaders.
The ED officials also gathered information about Sarath Chandra Reddy, who was allegedly controlling the affairs of five retail zone licences owned by his three entities — TCL, Avantika and Organomix — through Abhishek Boinpally and Chandan Reddy.
The ED, on 28 March, examined the mobile phones handed over to it by K Kavitha when she appeared before it at its office in New Delhi a few days prior.
The ED summoned Kavitha Kalvakuntla to appear before it in New Delhi on 9 March. However, she appeared before it on 11 March citing some inconveniences.
On 11 March, the ED grilled Kavitha, amid protests in Hyderabad and Delhi, a day after she held a massive protest along with Opposition parties demanding early passage of the Women’s Reservation Bill.
On 20 March, ED sleuths grilled Kavitha for close to 10 hours.
They are said to have rained questions on her about her alleged involvement in the scam and the ₹100 crore in kickbacks paid to the AAP media in-charge and former Delhi deputy chief minister Sisodia’s representative Vijay Nair, and how she was associated with the company IndoSpirits of Sameer Mahendru.
She was grilled for the third time, that too for almost 10 hours, on 21 March.
According to sources, the ED officials examined the mobile phones that Kavitha submitted to them, saying that they were the ones that she had been using.
A Delhi court had, on 22 March, sent former deputy chief minister Manish Sisodia to 14-day judicial custody in a money laundering case arising out of the excise policy matter.
Special Judge MK Nagpal sent the senior AAP leader to jail till 5 April after the ED produced him on the conclusion of his custodial interrogation in the matter.
The anti-money laundering probe agency has so far quizzed Sisodia for seven days in its custody in the matter.
The CBI on 26 February arrested Sisodia in connection with alleged corruption in the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22.
The ED arrested Sisodia on 9 March in Tihar jail, where he was lodged in connection with the case being probed by the CBI.
(With PTI inputs)
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