Delhi Liquor Policy Scam Case: Supreme Court Grants Bail to K. Kavitha

Today (August 27, 2024), the Supreme Court (SC) of India granted bail to Bharat Rashtra Samithi (BRS) leader Kalvakuntla Kavitha (K. Kavitha) in the money laundering and corruption cases initiated by the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) in relation to the Delhi Liquor Policy Scam Case. The two-judge bench of the SC constituting Justice BR Gavai and Justice KV Viswanathan passed the order, “Investigation is complete and chargesheet has been filed. Custody of the appellant (K Kavitha) is not necessary. She has been behind bars for 5 months. The likelihood of trial being concluded in near future is impossible. As said in various pronouncements of this court, undertrial custody should not turn into a punishment.”  During the proceedings, the SC bench questioned the fairness of the prosecution agency. Justice Gavai said, “Prosecution has to be fair. A person who incriminates himself has been made a witness! Tomorrow you pick up anyone as you please? You cannot pick and choose any accused. What is this fairness? Very fair and reasonable discretion!” 

Moreover, the SC bench also observed “This Court puts a caution that the Courts while deciding such matters should exercise discretion judicially. The Court does not say that merely because a woman is well-education or sophisticated or a Member of Parliament or Member of the Legislative Council is not entitled to the benefit of proviso to Section 45 of the PMLA Act. We find that the learned single bench totally misdirected itself.” Expressing strong exceptions to the Delhi High Court order, the bench observed, “If this Delhi High Court order is allowed to become law, these perverse observations would mean no educated woman can get bail. It would apply at least to all courts in jurisdiction of Delhi. What is this?! On the contrary, we say courts should not differ between an MP and common person, but here (High Court is) finding an artificial discretion not there in the statute.” 

The bench after hearing the contentions of both parties represented by Additional Solicitor General SV Raju (appearing for the CBI and the ED) and Senior Advocate Mukul Rohatgi (appearing for Kavitha) allowed the release of Kavitha on bail in both cases on furnishing bonds for Rs. 10 lakhs each.