The Supreme Court on Tuesday, 27 August, has reportedly granted BRS leader K Kavitha bail in both CBI and ED cases linked to the Delhi excise policy scam.
According to 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”
“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.”
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 directed the ED and CBI to present evidence demonstrating BRS leader K Kavitha’s alleged involvement in the Delhi excise policy scandal.
Senior advocate Mukul Rohatgi, representing Kavitha, sought bail saying the investigation against her has already been completed by the two agencies.
He also pointed to the Supreme Court’s recent decision to grant bail to AAP leader Manish Sisodia, who is also implicated in the cases. Meanwhile, Additional Solicitor General SV Raju, representing the investigation agencies, accused Kavitha of destroying or formatting her mobile phone, alleging this constituted evidence tampering. However, Rohatgi dismissed this claim as “bogus.”
“What is the material to show that she was involved in the crime,” the bench asked Raju.
The Supreme Court referring to co-accused turned approver Arun Pillai 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.”
On 12 August the apex court had 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.
However, the high court had reportedly dismissed Kavitha’s bail pleas in both cases, saying she was prima facie one of the main accused 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.
Earlier, AAP leader Manish Sisodia, also accused in the excise policy scam, was granted bail on 9 August. The Supreme Court granted bail, citing that the extended delay in Manish Sisodia’s trial had infringed upon his right to a speedy trial, which is guaranteed as part 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 the 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.
.The ED had reportedly 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 into AAP for helping in the liquor policy conspiracy.
The ED arrested the 46 year old Kavitha 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.
