SC Grants Bail To Kavitha, Questions ED And CBI Fairness In Probe

In a significant relief for K Kavitha, the Supreme Court of India has granted her bail in both corruption and money laundering cases related to the Delhi excise policy scandal. Kavitha, daughter of former Telangana Chief Minister K Chandrashekar Rao, has been in custody for five months. The court’s decision comes amid criticisms of the fairness of the investigations by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

Supreme Court’s Observations

A bench of Justices B R Gavai and K V Viswanathan criticized the Delhi High Court’s rejection of Kavitha’s bail plea. The High Court had denied bail based on Kavitha’s “highly educated and accomplished” status, arguing that Section 45 of the Prevention of Money Laundering Act (PMLA) was meant for more “vulnerable” women. The Supreme Court disagreed, stating that courts cannot create subcategories for bail provisions.

Concerns Over Probe Fairness

The Supreme Court also raised concerns about the fairness of the ED and CBI investigations. The bench questioned why certain individuals, like auditor Buchi Babu, who allegedly received Rs 25 crore, were not included as accused in the money laundering case. They also noted inconsistencies in how other individuals, such as liquor businessman Magunta Reddy and his son, were treated compared to Kavitha.

Legal Proceedings and Impact

The Supreme Court’s decision to grant bail was influenced by the substantial delay in trial and the extensive evidence involved, including nearly 50,000 pages of documentation and 493 witnesses. The bench noted that continued incarceration should not become a form of punishment, especially when the trial is unlikely to conclude soon.

Political and Legal Fallout

Kavitha’s release marks the third high-profile bail in the case, following AAP leader Manish Sisodia and MP Sanjay Singh. Delhi Chief Minister Arvind Kejriwal also secured bail in the PMLA case, though his CBI case bail plea is still pending. The Supreme Court’s remarks on the probe’s fairness have intensified scrutiny of the investigative agencies’ practices.

Next Steps

The bail plea of another accused, Vijay Nair, is scheduled for hearing next week. The CBI and ED have sought additional time to respond to his petition. The ongoing legal and political tensions highlight the complexities of the case and the critical examination of investigative fairness by the judiciary.

As the legal process continues, the Supreme Court’s intervention underscores the need for transparent and equitable handling of high-profile cases.