K. Kavitha, a leader of the BRS (Bharat Rashtra Samithi) party, has been granted bail by the Supreme Court in the Delhi liquor scam case. She was arrested on March 9. The court’s decision comes as a setback for the ED (Enforcement Directorate) and CBI (Central Bureau of Investigation). With this bail, Kavitha will be released from jail after five months. The Supreme Court bench, consisting of Justices B.R. Gavai and K.V. Viswanathan, granted her conditional bail. The court noted that Kavitha had been in jail for five months, and with 493 witnesses and 50,000 documents, the trial is unlikely to finish soon. The court also considered special provisions for women in bail decisions and overturned the High Court’s denial of bail.
Key Points from the Hearing
- Rohtagi’s Argument: Kavitha’s lawyer, Mukul Rohtagi, argued that women usually get bail and stated there was no recovery of funds linked to the charges. He also mentioned that Kavitha had not tampered with evidence or threatened witnesses. Rohtagi pointed out that Kavitha, as a current Member of Legislative Council (MLC), was unlikely to flee. He criticized the High Court for denying her bail on the grounds of her not being a “weak” woman.
- Supreme Court’s Reaction: The Supreme Court questioned whether the law treats weaker women differently and discussed whether Kavitha’s actions, such as changing her phone, constituted tampering. The court noted that she had no prior involvement in tampering and that there was no concrete evidence to prove her involvement in the crime. The court highlighted that the trial might not conclude soon due to the number of witnesses and the complexity of the case.
- ED’s Opposition: The Enforcement Directorate (ED) opposed the bail, claiming Kavitha had engaged in evidence tampering and witness intimidation.
- ASG Rajju’s Comments: Additional Solicitor General (ASG) Rajju argued that Kavitha’s behavior suggested tampering with evidence and that bail should not be granted.
- Court’s Stance: The Supreme Court emphasized the importance of fairness and noted that the prosecution must be unbiased. The court also observed that Kavitha had made significant contributions to Indian politics and society, which were relevant factors in their decision.
In conclusion, the Supreme Court’s decision to grant bail to K. Kavitha reflects considerations of the case’s complexity, her role in politics, and the special provisions for women under the law.
