New Delhi. The Supreme Court on Tuesday granted bail to Bharat Rashtra Samiti (BRS) leader K. Kavitha in corruption and money laundering cases related to the alleged Delhi Excise Policy scam. Questioning the fairness of the investigation by the central agencies, the apex court asked whether they are free to take “selective action”.
A bench of Justices B R Gavai and K V Vishwanathan said that Kavita’s custody is no longer required as she has been in custody for more than five months and the investigation by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) against her in these cases has been completed. The bench said that since 493 witnesses are to be examined in both the cases and 50,000 pages of documents are to be considered, there is no possibility of the trial ending in the near future.
While directing to grant bail to Kavita, the bench said, “The appellant (Kavita) is directed to be released on bail immediately on a bond of Rs 10 lakh in each case.” The apex court quashed the July 1 order of the Delhi High Court which refused to grant her bail.
Later, a Delhi court issued a release warrant for Kavita, paving the way for her release from jail.
The Delhi High Court had rejected Kavita’s bail pleas in both the cases, saying that she was prima facie one of the main conspirators in the criminal conspiracy relating to the formulation and implementation of the Delhi Excise Policy 2021-22 (which has now been repealed).
The Supreme Court directed Kavita to submit her passport to the lower court and said that she will not make any attempt to tamper with the evidence or influence the witnesses. The court directed Kavita to regularly attend the proceedings of the lower court and cooperate in ensuring speedy disposal of the case.
Both the central agencies faced severe criticism over the ‘fairness’ of their investigation, with the Supreme Court saying it was “painful to see this situation”. “You will pick and choose anyone?” a bench of Justices B R Gavai and K V Vishwanathan said, referring to a witness in the case. “The prosecution should be fair. You cannot take action selectively. Is this fairness? A person who incriminates himself has been made a witness. Tomorrow you will arrest anyone at your will by making him an accused and release anyone at your will? Very fair and rational discretion!” The bench was hearing the petitions of Kavita seeking bail in corruption and money laundering cases related to the alleged scam.
Senior advocate Mukul Rohatgi, appearing for Kavita, requested bail, saying that the investigation of both the agencies against his client has been completed. Rohatgi said that she has been in custody for five months in the ED money laundering case and more than four months in the CBI case. He also cited the Supreme Court’s August 9 decision granting bail to co-accused and Aam Aadmi Party (AAP) leader Manish Sisodia in both the cases. Additional Solicitor General SV Raju, appearing for the investigating agencies, claimed that Kavita had ‘formatted’/destroyed her mobile phone and her conduct was tampering with evidence. Rohatgi termed this allegation as “fake”.
The ED arrested Kavitha (46) from her Banjara Hills residence in Hyderabad on March 15. The CBI had arrested her on April 11 in a corruption case linked to the alleged scam. Kavitha, daughter of former Telangana chief minister K Chandrasekhar Rao, has been accused of being part of the ‘South Group’, an alleged gang of businessmen and politicians who allegedly paid a bribe of Rs 100 crore to Delhi’s ruling Aam Aadmi Party in exchange for liquor licences. Kavitha has been continuously denying these allegations.
BRS leader K Kavitha released from Tihar jail after five months
Bharat Rashtra Samiti (BRS) leader K. Kavitha, who was arrested in March this year, walked out of Tihar Jail late Tuesday evening after the Supreme Court granted her bail in corruption and money laundering cases related to the alleged Delhi Excise Policy scam.
After coming out of Tihar Jail, Kavitha said, “We will fight and prove ourselves innocent.” She said, “The whole country knows that I was put in jail for political reasons. I have not done anything wrong.” BRS workers and supporters gathered outside the jail to welcome Kavitha played drums and burst crackers. Kavitha’s brother and BRS working president KT Rama Rao was also present during this time.
Kavita (46) walked out of Tihar Jail Number Six. The Enforcement Directorate (ED) arrested her from her Banjara Hills residence in Hyderabad on March 15. The Central Bureau of Investigation (CBI) arrested her from Tihar Jail on April 11. A bench of Justices BR Gavai and KV Vishwanathan granted bail on Tuesday, saying Kavita had been in custody for nearly five months and the investigation against her by the CBI and ED in these cases has been completed.