The
Supreme Court on 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.
Consequently, the Supreme Court overturned the High Court's decision and
ordered the release of K Kavitha on bail.