The court granting the bail noted that, like in Manish Sisodia's case, in this too, the likelihood of trial being conducted in the near future is impossible.
Published Aug 27, 2024 | 1:25 PM ⚊ Updated Aug 27, 2024 | 6:55 PM
K Kavitha. (X)
The Supreme Court on Tuesday, 27 August, granted BRS leader K Kavitha bail in both CBI and ED cases linked to the Delhi excise policy scam.
The court during the hearing questioned the central agencies’— CBI and ED— fairness in the investigation, criticising their selective approach in treating some accused as approvers, the court noted, “You cannot pick and choose any accused. If we take approvers statements his role is also as much Kavitha. Prosecution has to be fair, you cannot pick and choose anyone. What is this fairness? Someone who incriminates himself while being a witness? Very fair and reasonable discretion.”
The apex court noting that proviso to Section 45(1) of the Prevention of Money Laundering Act entitles a woman to special consideration in the matter of bail, criticised the comments made by the Delhi High Court —that the proviso to Section 45 PMLA does not apply to a woman of high status, while denying bail to Kavitha.
“This Court puts a caution that the Courts while deciding such matters should exercise discretion judicially. The Court does not say that merely because a woman is well-education or sophisticated or a Member of Parliament or Member of the Legislative Council is not entitled to the benefit of proviso to Section 45 of the PMLA Act. We find that the learned single bench totally misdirected itself.,” the Court observed in the order.
The court granting the bail noted that, like in Manish Sisodia’s case, in this too, the likelihood of trial being conducted in the near future is impossible.
According to the LiveLaw, the order read, “We find that the investigation is complete. As such, the custody of the appellant is not necessary for the purposes of investigation. The applicant has been behind bars for the last five months”
Noting that there are 493 witnesses to be examined, and the documentary evidence runs to nearly 50,000 pages, the bench reiterated its observation in the Manish Sisodia judgment that the undertrial custody should not be turned into a punishment.
“As said in various pronouncements of this court, undertrial custody should not turn into a punishment. Proviso to 45(1) would entitle a woman to special consideration.”
Further, the order read: To be released forthwith on submitting bail bonds of ₹10 lakhs each in both cases, shall not tamper with evidence or influence proceedings. Must surrender passport and report to investigating agency.
The apex court set aside a 1 July Delhi High Court order denying her bail. The full order is yet to be released.
A bench of Justices BR Gavai and KV Viswanathan was hearing Kavitha’s pleas seeking bail in the corruption and money laundering cases.
During the hearing, the Supreme Court asked the ED and the CBI to show what “material” they had to prove that BRS leader K Kavitha was involved in the alleged Delhi excise policy scam.
Senior advocate Mukul Rohatgi, appearing for Kavitha, sought bail saying the probe against her has already been completed by the two agencies.
He also referred to the apex court’s verdict granting bail to AAP leader Manish Sisodia, a co-accused in the two cases.
Additional Solicitor General SV Raju, appearing for the probe agencies, claimed that Kavitha had destroyed/formatted her mobile phone and her conduct amounted to tampering with evidence. Rohatgi termed the allegation “bogus”.
“What is the material to show that she was involved in the crime,” the bench asked Raju.
Prior to the hearing, the BRS top brass including MLAs KTR and Harish Rao reached Delhi.
The apex court had on 12 August sought responses from the CBI and the ED on Kavitha’s pleas challenging a 1 July Delhi High Court order denying her bail in the two cases.
The high court had dismissed Kavitha’s bail pleas in both cases, saying she was prima facie one of the main conspirators in the criminal conspiracy related to the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22. However, Kavitha has denied all allegations.
BRS’ hopes were raised, as AAP leader Manish Sisodia also accused in the excise policy scam, was granted bail on 9 August. The Supreme Court granted the bail noting that the prolonged delay in trial has violated the right to speedy trial of Sisodia and that the right to speedy trial is a facet of liberty under Article 21 of the Constitution.
The bench said, “Sisodia has been deprived of the right to speedy trial. The right to a speedy trial is sacrosanct. Recently in Javed Gulam Nabi Shaikh case, we dealt with this angle and we noted that when a court, state or agency cannot protect the right to speedy trial, then bail cannot be opposed saying that crime is serious. Article 21 applies irrespective of the nature of the crime.”
#Telangana: @BRSparty working president @KTRBRS and former minister @BRSHarish are at the Supreme Court in #Delhi.
They are in the capital regarding Kavita’s bail in the #LiquorPolicyScam today. pic.twitter.com/k31ArPrH8z
— South First (@TheSouthfirst) August 27, 2024
Following the judgement, BRS working president, and Kavitha’s elder brother KT Rama Rao took to X, to thank the Supreme Court. “Relieved. Justice prevailed,” he wrote.
Thank You Supreme Court 🙏
Relieved. Justice prevailed
— KTR (@KTRBRS) August 27, 2024
The CBI and the ED have lodged separate cases pertaining to alleged corruption and money laundering in the formulation and implementation of the policy.
Charges against Kavitha are that she was one of the kingpins and key conspirators, and beneficiary of the tweaked Delhi liquor policy, which has since been scrapped.
The ED had alleged that Kavitha was one among those who are part of South Group — allegedly a cartel of liquor businessmen and politicians — which paid ₹100 crore in kickbacks to AAP for tweaking the liquor policy in such a way that it helped them reap undue benefits in the liquor business.
The ED arrested Kavitha (46) from her Banjara Hills residence in Hyderabad on 15 March. The CBI arrested her on 11 April from Tihar jail in connection with the corruption case.
The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution.
