Supreme Court grants bail to BRS leader K Kavitha in Delhi excise policy scam

New Delhi: The Supreme Court on Tuesday granted bail to Bharat Rashtra Samithi (BRS) leader K Kavitha in cases filed by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) in connection with alleged corruption in the implementation of the now-scrapped Delhi excise policy 2021-22.

The Court took strong exception to the Delhi High Court’s observations that an educated, sophisticated woman is not entitled to bail under the beneficiary provision for women under Prevention of Money Laundering Act (PMLA), calling these observations perverse.

Kavitha is the third major political leader to be released on bail. Earlier, Aam Aadmi Party (AAP) leaders Sanjay Singh and Manish Sisodia were granted bail by the Supreme court in related matters.

A Bench comprising Justice B R Gavai and Justice K V Viswanathan passed the order after noting that the investigation is over and the trial will take a long time to conclude.

The bench noted that the chargesheet has been filed and Kavitha has been in custody for 5 months. The likelihood of trial being concluded in near future is impossible and she is no longer required for interrogation.

The court said that the custody of the undertrial should not turn into a punishment.

The Supreme Court was hearing the bail pleas moved by Kavitha through advocate P Mohith Rao.

The Court also said that Kavitha is entitled to beneficial treatment available to women under Section 45 of the Prevention of Money Laundering Act (PMLA).

"Proviso to 45(1) would entitle woman to special consideration," the Court made it clear.

The Court pulled up the Delhi High Court for saying that an educated, sophisticated woman is not entitled to bail under the beneficiary provision for women under PMLA.

The bench came down heavily on the Delhi High Court's observations and said that these perverse observations would mean no educated woman can get bail.

It would apply at least to all courts in the jurisdiction of Delhi. What is this? said the top court.

The Supreme allowed Kavitha's appeal and directed that she be released on bail.

Kavitha was arrested by the ED on March 15 from Hyderabad. Subsequently, the CBI took her into custody on April 11.

The CBI and the ED have claimed that she was involved in the exchange of bribes and the laundering of money in connection with the Delhi Excise Policy.

The trial court rejected K Kavitha's bail plea in both the CBI and ED cases on May 6.