New Delhi: The Supreme Court on Tuesday granted bail to Bharat Rashtra Samithi (BRS) MLC K Kavitha in connection with the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases tied to the alleged Delhi liquor policy scam. She is the third high-profile figure to receive bail in this case, following AAP leaders Manish Sisodia and Sanjay Singh.
Recognizing that the trial is expected to be lengthy, the Supreme Court echoed its previous observations made during the bail hearing for Manish Sisodia, stating that K Kavitha is entitled to the favorable provisions available to women under Section 45 of the Prevention of Money Laundering Act (PMLA).
Kavitha, who has spent five months in Tihar Jail, was arrested by the ED on March 15 in Hyderabad amidst significant drama. Subsequently, the CBI also took her into custody on April 11.
The investigative agencies have accused Kavitha, daughter of former Telangana Chief Minister K Chandrasekhar Rao, of engaging in bribery and money laundering related to the now-revoked Delhi excise policy.
During the court’s deliberations, it was emphasized that Kavitha had already been imprisoned for five months, and the completion of the trial in the near future seems unlikely. The court reiterated that undertrial custody should not amount to punishment and asserted that Kavitha is entitled to the protective measures extended to women under Section 45 of the PMLA. The judiciary was urged to adopt a more sensitive and sympathetic approach toward women accused under the PMLA, emphasizing that judicial discretion must be exercised judiciously.
The court also criticized the Delhi High Court’s stance, arguing that it is unfair to deny bail based on a woman’s education, sophistication, or status as a Member of Parliament or Legislative Council. The court contended that such reasoning could unjustly prevent educated women from securing bail. It stressed that there should be no distinction between an MP and an ordinary citizen in these matters, and that the prosecution must act fairly without arbitrarily selecting and charging individuals.
