In a major relief for BRS leader K Kavitha, the Supreme Court granted her bail in both the CBI and ED cases related to the Delhi Liquor Policy Scam. The court approved her release and instructed her to provide two bonds of ₹10 lakhs each for the CBI and ED cases. Kavitha was also ordered to surrender her passport.
The Supreme Court noted that the investigation is finished and the chargesheet has been filed, so holding K Kavitha in custody is not needed. The judges pointed out that Kavitha has been in jail for five months and that it is unlikely the trial will finish soon. Justices BR Gavai and KV Viswanathan issued the order after acknowledging that the trial will take a long time to conclude.
The Supreme Court said that BRS leader K Kavitha should receive the special treatment for women outlined in Section 45(1) of the Prevention of Money Laundering Act (PMLA). The court criticized the Delhi High Court’s comments on this provision for women, calling them unfair and strongly objecting to them.
The Delhi High Court had dismissed the idea that K Kavitha should get bail under PMLA’s special provisions for women, arguing that an educated and sophisticated woman does not qualify for this benefit.
The Supreme Court responded by saying that if this Delhi High Court ruling stands, it would mean that no educated woman could get bail. The court criticized the ruling as unjust and noted that it would unfairly apply only within Delhi’s jurisdiction.
The Supreme Court also said the Delhi High Court judge had misunderstood the application of the PMLA provisions, misinterpreting the law.