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Informist, Tuesday, Aug 27, 2024

 

NEW DELHI – The Supreme Court today granted bail to Bharat Rashtra Samithi leader Kalvakuntla Kavitha in the Enforcement Directorate and Central Bureau of Investigation cases against her in connection with the alleged Delhi liquor policy 'scam'. 

 

"Investigation is complete and chargesheet has been filed. Custody of the appellant (Kavitha) is not necessary. She has been behind bars for 5 months. The likelihood of trial being concluded in the near future is impossible!" said a Bench of Justice B.R. Gavai and Justice K.V. Viswanathan. As stated in various pronouncements of the apex court, custody of the undertrial should not turn into a punishment, the Bench said, adding that proviso to section 45(1) of The Prevention of Money Laundering Act, 2002, would entitle women to special consideration.

 

The apex court said perusal of the proviso shows that it allows a certain category of accused, including women, to be released on bail without meeting the twin tests under Section 45 of the money laundering law. While this would depend on the facts and circumstances of each case, when a statute specially provides such a benefit, the court will have to give specific reasons to deny it, the court said.

 

It said the high court's order denying bail to Kavitha said it couldn't lose sight of serious allegations and observed that she couldn't be a vulnerable woman. "Courts need to be more sensitive and sympathetic to those in that category," the apex court said, addressing lower courts dealing with bail pleas with exceptions for certain categories of people, such as women, minors, and those who are sick.

 

"In the resultant, we allow the appeal. Impugned orders (by the high court) set aside. Appellant is directed to be released on bail to be released forthwith on submitting bail bonds of Rs 10 lakhs (1 mln rupees) each in both cases, shall not tamper with evidence or influence proceedings. Must surrender passport and report to the investigating agency," the court said.

 

The probe agencies have lodged separate cases pertaining to alleged corruption and money laundering in the formulation and implementation of the Delhi liquor policy. On Mar 15, the Enforcement Directorate had arrested Kavitha, followed by the Central Bureau of Investigation on Apr 11.

 

Appearing for Kavitha, advocate Mukul Rohatgi relied on judgments of the apex court giving interim bail to Delhi Chief Minister Arvind Kejriwal in the money laundering case, and bail to former Delhi deputy chief minister Manish Sisodia in the CBI and enforcement agency cases. Rohatgi said there were about 493 witnesses to be examined in the case and 50,000 documents of evidence and no proceeds of crime had been recovered. The agencies had relied on the statement of witnesses and said these clearly showed Kavitha was the kingpin.

 

On Apr 2, the apex court had ordered Aam Aadmi Party's Rajya Sabha member Sanjay Singh's release on bail during the pendency of trial in the same case. On Jul 12, it had given interim bail to Kejriwal in the enforcement agency's case and said it would examine the legal issues arising out of his plea. Thereafter, on Aug 9, the top court granted bail to Sisodia. Kejriwals's bail petition in the CBI case is pending with the apex court.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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