Rama Krishna Sangem
The Supreme Court on August 27, Tuesday granted bail to Bharat Rashtra Samithi (BRS) leader Kalvakuntla Kavitha in connection with the cases initiated by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) concerning alleged corruption in the now-defunct Delhi excise policy of 2021-22.
K Kavitha, daughter of former Telangana Chief Minister K Chandrasekhar Rao, had been in custody since March 15. The Supreme Court bench, comprising Justices B R Gavai and K V Viswanathan, questioned the probe agencies on the evidence they possessed to implicate Kavitha in the alleged scam.
Senior advocate Mukul Rohatgi, representing Kavitha, argued for her bail, highlighting that the investigations by both agencies had been completed. He also referenced the Supreme Court’s decision to grant bail to Aam Aadmi Party (AAP) leader Manish Sisodia, who is a co-accused in the same cases.
However, Additional Solicitor General S V Raju, representing the probe agencies, accused Kavitha of tampering with evidence by formatting her mobile phone. Kavitha’s legal team dismissed this allegation as unfounded.
The Supreme Court questioned the material evidence against Kavitha, emphasising that she had already spent five months in custody and that her continued detention was unwarranted. The bench noted that the likelihood of the trial concluding in the near future was slim, and reiterated the principle that undertrial custody should not amount to punishment.
The Court also highlighted Kavitha’s entitlement to the benefits provided to women under Section 45 of the Prevention of Money Laundering Act (PMLA). The Court criticised the Delhi High Court’s earlier observations, which had denied bail to Kavitha based on her education and sophistication, asserting that such reasoning was flawed and discriminatory.
“Courts should not differentiate between an MP and a common person, yet here we find an artificial distinction that is not supported by the statute,” the Supreme Court observed, further stating that the single judge had misapplied the law in denying Kavitha bail.
