Supreme Court grants bail to K Kavitha in Delhi Policy
K Kavitha, daughter of former Telangana Chief Minister K Chandrasekhar, has been in custody since March 15. The Supreme Court on Tuesday granted bail to BRS MLC K Kavitha in the Delhi Excise Policy case. The court pulled up the CBI and the Enforcement Directorate over the nature of investigation being conducted in the case. K Kavitha, daughter of former Telangana Chief Minister K Chandrasekhar, has been in custody since March 15.
The Supreme Court has granted bail to K Kavitha in the Delhi Excise Policy case. Kavitha, who is a prominent political figure, faced charges related to alleged irregularities in the implementation of Delhi’s excise policy. The court’s decision comes after a thorough review of the case and legal arguments presented.
Bail was granted under specific conditions, allowing Kavitha to continue her activities while awaiting further legal proceedings. This development marks a significant moment in the ongoing investigation and legal process concerning the excise policy allegations.
What happened during the hearing?
During the hearing, the Supreme Court bench of Justices BR Gavai and KV Vishwanathan asked the Enforcement Directorate and the CBI what “material” they have to prove that K Kavitha was involved in the alleged Delhi Excise Policy scam. Senior advocate Mukul Rohatgi, appearing for K Kavitha, sought bail, saying that the investigation against her by both the agencies has been completed.
He also cited the Supreme Court’s decision to grant bail to co-accused AAP leader Manish Sisodia. Additional Solicitor General SV Raju, appearing for the investigating agencies, said that K Kavitha had formatted her mobile phone. They alleged that her behaviour amounted to tampering with evidence.
K Kavitha’s lawyer called the allegation “fake”.
The bench asked tough questions from the agencies’ counsel
On August 12, the Supreme Court had asked the agencies to file their replies on the politician’s plea challenging the Delhi High Court order denying her bail. The high court had rejected Kavitha’s bail pleas in both the cases, saying she was prima facie one of the main conspirators in the criminal conspiracy.
The agencies have accused K Kavitha of being part of the so-called South Group – a group of businessmen and politicians that allegedly paid bribes of ₹100 crore to the Aam Aadmi Party in return for favouring them in policy formulation and implementation.
AAP leaders Manish Sisodia and Sanjay Singh are lodged in jail on similar charges. Delhi Chief Minister Arvind Kejriwal, whom the agencies say was the mastermind of the alleged scam, has been in jail since March 21. In a relief to BRS leader K Kavitha, the Supreme Court on Tuesday granted her bail in money laundering and corruption cases linked to the alleged Delhi Excise Policy scam.
Justices B R Gavai and K V Vishwanathan
A bench of Justices B R Gavai and K V Vishwanathan said Kavitha has been in custody for nearly five months and the investigation against her by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in these cases has been completed, news agency PTI reported.
While the CBI is probing the corruption charges, the ED is investigating the money laundering case. Kavitha was arrested by the ED from her residence in Hyderabad on March 15. The CBI had arrested her on April 11 when she was lodged in Tihar Jail. The CBI and the ED have alleged that the ‘South Group’ led by Kavitha paid at least Rs 100 crore to the Aam Aadmi Party (AAP) in exchange for favours linked to the now-defunct Delhi Excise Policy.
According to Bar & Bench, the Supreme Court has asked Kavita to submit bail bonds of Rs 10 lakh each in both the cases. It has directed that she will not tamper with evidence or influence the proceedings. She will have to surrender her passport.
Additional Solicitor General S V Raju, representing the investigating agencies, accused Kavita of tampering with evidence by formatting her mobile phone. Kavita’s legal team rejected the allegation as baseless.
The Supreme Court questioned the evidence against Kavita, stressing that she has already spent five months in custody and her continued detention is unfair. The bench said there is little chance of the trial concluding in the near future and reiterated the principle that pending detention should not be treated as punishment.
The court also highlighted Kavita’s entitlement to benefits provided to women under Section 45 of the Prevention of Money Laundering Act (PMLA). The court criticised the earlier observations of the Delhi High Court which denied bail to Kavitha on the grounds of her education and sophistication, and said such reasoning was flawed and discriminatory.
Conclusion
The Supreme Court on Tuesday granted bail to Bharat Rashtra Samiti (BRS) leader Kalvakuntla Kavitha in cases initiated 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 [Kalvakuntla Kavitha vs Enforcement Directorate].
A bench of Justices BR Gavai and KV Vishwanathan passed the order after observing that the investigation was complete and the trial would take a long time to conclude.
