SC Grants Bail to BRS Leader K Kavitha in Delhi Liquor Scam Case

The Supreme Court of India on Tuesday has granted bail to Bharat Rashtra Samithi (BRS) leader K Kavitha in connection with the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases related to the 2021-22 Delhi excise policy scam.

Kavitha, the 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 evidence presented by the probe agencies against Kavitha. Senior advocate Mukul Rohatgi, representing the BRS leader, argued for her bail, emphasizing that the investigations by both the ED and CBI were complete. Rohatgi further referenced the Supreme Court's recent decision to grant bail to Aam Aadmi Party (AAP) leader Manish Sisodia, a co-accused in the same case.

Additional Solicitor General S V Raju, representing the investigative agencies, accused Kavitha of tampering with evidence by formatting her mobile phone. However, her legal team dismissed the allegations as baseless.

The Supreme Court observed that Kavitha had already spent five months in custody and noted that undertrial detention should not equate to punishment. The bench also pointed out that the likelihood of the trial concluding in the near future was slim, further justifying her release on bail.

The Court invoked Section 45 of the Prevention of Money Laundering Act (PMLA), which provides certain protections for women, and criticised the Delhi High Court’s earlier decision to deny bail to Kavitha based on her education and sophistication. "Courts should not differentiate between an MP and a common person," the Supreme Court noted, calling the High Court's reasoning discriminatory and legally flawed.

Consequently, the apex court overturned the High Court’s ruling, granting Kavitha bail in both the ED and CBI cases. As part of the bail conditions, she is required to furnish a bail bond of ₹10 lakh for each case and submit her passport to the trial court.

During the proceedings, the bench also expressed concerns over the selective targeting of individuals by the ED. They questioned why figures such as Magunta and Bucchibabu, who were allegedly involved in the conspiracy, had not been made accused in the case, pointing out possible bias in the agency's approach.

Also Read: SC Grants Bail To Manish Sisodia in Excise Policy Case