The Supreme Court on Tuesday granted bail to BRS leader K Kavitha in both Central agencies, ED and CBI, cases linked to the alleged Delhi excise policy scam.
A bench comprising Justice BR Gavai and KV Viswanathan questioned the fairness of the investigating agency CBI/ED and criticised their selective approach in treating some accused as approvers.
The bench pointed out that Kavitha, like former Delhi Deputy Chief Minister Manish Sisodia, had already spent over five months in jail and that the trial is not expected soon, even if the investigation has been closed.
The Apex Court also noted that the law provides special treatment for women while considering bail applications, referring to provisions in Section 45 of the Prevention of Money Laundering Act that permit certain categories of accused, including women, to be released on bail without satisfying twin requirements.
The Top Court strongly objected to the Delhi High Court rejecting Kavitha’s plea on the grounds that she is an educated woman.
In July, the High Court had stated that Kavitha could not be given bail, despite arguments that it is “normal practice” for women to be released on bail. The court argued that her education and status as a former Member of Parliament meant she was not considered a vulnerable woman.
Kavitha, who has been incarcerated at Tihar Jail for five months, was arrested by the ED on March 15 in Hyderabad amidst high drama. Subsequently, the CBI also arrested her on April 11.
According to the probe agency, Kavitha, the daughter of former Telangana Chief Minister KCR, was allegedly involved in the exchange of bribes and money laundering in connection with the now-scrapped Delhi excise policy.
On August 12, the Supreme Court had asked the agencies to file their responses to the politician’s plea challenging the Delhi High Court order denying her bail. The High Court had dismissed Kavitha’s bail pleas in both cases, stating that she was prima facie one of the main conspirators in the criminal conspiracy.
The Enforcement Directorate claimed that Kavitha belonged to the South Group, which gave AAP leaders bribes totaling Rs 100 crore in exchange for nine retail zones under the since-canceled program.