On August 27, 2024, the Supreme Court granted bail to Bharat Rashtra Samithi (BRS) leader Kalvakuntla Kavitha in connection with the Delhi excise policy corruption case. This decision comes after Kavitha had been in custody for five months, following her arrest by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) for alleged involvement in bribery and money laundering related to the now-scrapped Delhi excise policy for 2021-22.
The Supreme Court, comprising Justices BR Gavai and KV Viswanathan, ruled that the investigation was complete and the trial would take a significant amount of time, making continued custody unnecessary. The Court also emphasized that undertrial detention should not serve as a form of punishment and affirmed Kavitha’s entitlement to the benefits accorded to women under Section 45 of the Prevention of Money Laundering Act (PMLA).
The Court criticized the Delhi High Court’s previous ruling, which had denied Kavitha bail based on her being an educated and sophisticated woman, suggesting this should not preclude her from receiving bail under the PMLA provisions. The Supreme Court deemed this reasoning flawed and highlighted the need for judicial sensitivity towards women accused under PMLA.
Kavitha’s release marks her as the third major political figure to be granted bail in this case, following Aam Aadmi Party (AAP) leaders Sanjay Singh and Manish Sisodia. The Supreme Court’s decision came after a thorough examination of arguments presented by both sides, including claims about evidence tampering and the role of co-accused.
Kavitha’s legal team, led by Senior Advocate Mukul Rohatgi, countered allegations of evidence tampering by explaining the formatting of her phone was due to it being handled by a servant. The Court found this explanation plausible, noting that merely formatting a phone was not sufficient evidence of tampering or involvement in the alleged crimes.
The case, which involves allegations of manipulating the Delhi excise policy to benefit certain groups, continues to unfold, with Kavitha’s bail representing a significant development in the legal proceedings.
