New delhi: The Supreme Court has granted bail to Bharat Rashtra Samithi (BRS) leader K Kavitha, daughter of former Telangana Chief Minister K Chandrasekhar Rao, in connection with the ongoing investigations into the alleged corruption and money laundering related to the Delhi excise policy of 2021-22. The court’s decision comes after Kavitha spent over five months in custody.
Court’s Rationale and Observations
A bench comprising Justices B R Gavai and K V Viswanathan reviewed the evidence presented by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) but found it insufficient to justify further detention. The justices emphasized that Kavitha had already been in custody since March 15, and the investigations against her were substantially complete. They also questioned the Delhi High Court’s earlier refusal to grant bail, which was partly based on her socio-economic status, deeming such reasoning flawed and discriminatory.
Allegations and Legal Arguments
K Kavitha’s legal team, led by senior advocate Mukul Rohatgi, argued that there was no compelling reason to continue her detention, especially since other co-accused, including AAP leader Manish Sisodia, had also been granted bail. On the other hand, Additional Solicitor General S V Raju, representing the probe agencies, accused Kavitha of tampering with evidence by allegedly formatting her mobile phone. However, the Supreme Court found the evidence against her insufficient to justify prolonged custody.
Significance of the Ruling
The Supreme Court’s decision underscores the principle that undertrial custody should not amount to punishment. The ruling also highlighted the legal protections available to women under the Prevention of Money Laundering Act (PMLA), which the court found had not been appropriately considered by the lower courts.
The court’s decision marks a significant development in the ongoing investigations into the Delhi excise policy case, which has seen several high-profile political figures implicated. Kavitha’s release on bail reflects the judiciary’s stance on ensuring fair treatment under the law, irrespective of one’s social or political standing.
This case continues to be closely watched, given its political implications and the involvement of multiple agencies in the investigation.
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