New Delhi: The Supreme Court has granted conditional bail to K Kavitha, a leader of the Bharat Rashtra Samithi (BRS), following her arrest by the Enforcement Directorate (ED) in March and subsequently by the Central Bureau of Investigation (CBI) in April, both in connection with the Delhi liquor policy scam. This case also implicates prominent figures such as Delhi Chief Minister Arvind Kejriwal and his former deputy, Manish Sisodia.
Kavitha's release is notable as the second instance of a high-profile opposition leader being granted bail in this case; Manish Sisodia, arrested in February last year, was released earlier this month after the Supreme Court recognized delays in his trial, ruling that prolonged detention violated his fundamental rights. Although Kejriwal has faced arrests from both agencies, he remains in custody, having received bail in the ED case but not yet in the CBI case. The Supreme Court recently denied him relief.
Trial in the near future is impossible: SC
The bail was awarded to Kavitha by a two-judge bench, comprising Justices BR Gavai and KV Viswanathan, who observed that Kavitha, similar to Sisodia, had already spent over five months in jail, and that a trial was unlikely to commence soon despite the investigation being completed. The court stated, "We find the investigation is complete. As such, custody of the appellant is not necessary... she has been in jail for five months and, as observed with Sisodia, the likelihood of a trial in the near future is impossible."
The court also referred to legal provisions that offer special consideration for women in bail decisions, specifically Section 45 of the Prevention of Money Laundering Act, which permits certain accused categories, including women, to be granted bail without the usual stringent requirements.
SC criticized Delhi HC's previous denial of Kavitha's bail
The Supreme Court strongly criticized the Delhi High Court's previous denial of Kavitha's bail plea, which was based on her education and status as a former Member of Parliament. The High Court had contended that Kavitha did not qualify as a "vulnerable" woman due to her background as she was highly educated and an MLA
However, the Supreme Court disagreed, asserting that the relevant legal provisions had been "totally misapplied" and that discretion should be exercised judiciously, without denying bail based solely on a woman's educational or social status.
Kavitha had been illegally imprisoned: BRS
Following the bail order, the BRS released a statement on social media, asserting that Kavitha had been "illegally imprisoned for 166 days... without any evidence." The party characterized the case as politically motivated and expressed relief that "justice finally won."
Kavitha's brother, BRS Working President KT Rama Rao, was present in court when the bail was granted.
"Bail Is Normal Practice for Women"
Senior advocate Mukul Rohatgi, representing Kavitha, argued that it is a "normal practice" for women to receive bail, especially given her role as a mother to two children, one of whom is a minor undergoing medical treatment.
Rohatgi pointed out that despite Kavitha's extended time in jail, neither the ED nor the CBI had recovered the alleged Rs 100 crore purportedly paid by the so-called 'South group' to the Aam Aadmi Party (AAP) for liquor licenses. He emphasized that Kavitha, a former MP, posed no flight risk, asserting, "the normal practice is that women do get bail."
Conversely, the prosecution contended that Kavitha was not a "vulnerable" woman and raised questions regarding her actions related to the alleged tampering with evidence.
Allegations of Evidence Tampering
The prosecution claimed that Kavitha had deleted crucial text messages from her mobile phone, which were vital to the investigation, and had reformatted the device. Authorities had previously alleged that she wiped clean eight mobile phones and reformatted at least one. Kavitha denied these allegations, with Rohatgi dismissing the ED's claims as "bogus." He argued, "How can you say I 'destroyed' my phone... people change phones. I changed my phone."
However, the Supreme Court found the prosecution's arguments unconvincing, with Justice Viswanathan noting that "people delete messages" as a common practice. He added, "I have a habit of deleting messages... normal conduct. Any of us in this room do it," to which the prosecution responded, "You do not delete contacts, history..."
Ultimately, the court granted Kavitha bail, citing the completion of the investigation and the unlikelihood of a trial beginning soon, while addressing the concerns raised by both the defense and prosecution.
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