BRS leader K Kavita was arrested by the ED on March 15 (File) in the Delhi liquor policy scam.
New Delhi:
The Supreme Court on Tuesday granted conditional bail to Bharat Rashtra Samithi leader K Kavita following her arrest – by the Enforcement Directorate in March and the Central Bureau of Investigation a month later – in the Delhi liquor policy scam, which involved Chief Minister Arvind Kejriwal and His former deputy Manish Sisodia is also named.
Ms. Kavita is the second major opposition leader to get bail in this case. Mr. Sisodia, who was arrested in February last year, was released earlier this month after the Supreme Court took notice of the delay in his trial, saying he should be given an “indefinite term”. cannot be jailed because it is a violation of their fundamental principles. Rights
Also arrested by both the agencies, Mr. Kejriwal is still in jail, having got bail in the ED case but, so far, has not been granted bail in the case filed by the CBI. The Supreme Court declined to grant relief this month.
Today, a two-judge bench comprising Justices BR Gavai and KV Viswanathan pointed out that Ms Kavita – like Mr Sisodia – has already spent more than five months in jail and that “the trial is not expected to begin soon.” is”, even if the investigation is closed.
“We feel that the investigation is complete. Thus, the appellant's custody is not necessary… He has been in jail for five months and as observed with Sisodia, is likely to face trial in the near future. Impossible…” he said.
Read on “As observed in Manish Sisodia…”: What did the Supreme Court say?
The court also noted that the law “provides special treatment to women while considering bail applications” in Section 45 of the Prevention of Money Laundering Act, which “includes women Allows certain types of accused to be released without bail. ) twin requirements.”
Read on The Delhi High Court rejected K Kavita's bail pleas in the liquor policy case.
On this note, the Supreme Court strongly objected to the dismissal of Ms. Kavita's petition by the Delhi High Court – on the ground that she is an educated woman. The High Court said in July that Ms Kavita could not be granted bail – despite arguments that it was a “routine practice” for women to be released on bail – because her education and status (of a former MP) meant That she wasn't. A 'weak' woman.
Arguing that the High Court had “grossly misapplied” the relevant section of the law, the Supreme Court said, “… the Courts, while deciding such matters, must exercise judicial discretion.” “The court cannot say that only a woman is highly educated, or an MLA, (she) should be denied the benefit of bail.”
“(Then) every arrested woman will get bail…” argued the prosecution to no avail.
“Unlawfully imprisoned…”
Shortly after the bail order was granted, BRS posted on X, “She was illegally imprisoned for 166 days without any evidence. Justice finally prevailed in a politically motivated case.”
#Justice prevails. – Justice prevailed
He was illegally imprisoned for 166 days without showing any evidence.. Justice finally won in a politically motivated case.
MLC @RaoKavitha Bail from the Supreme Court pic.twitter.com/dDEM5B9Phk
— BRS Party (@BRSparty) August 27, 2024
Ms Kavita's brother, BRS working president KT Rama Rao, was in the court when the bail was granted.
“Balance is 'normal practice' for women”
Earlier, senior advocate Mukul Rohatgi argued that it was a “modest process” for women to get bail. The petition also identified her as the mother of two children, one of whom is a traumatized minor and undergoing medical care.
He also pointed out that Ms. Kavita has spent more than five months in jail so far, without any agency having recovered Rs 100 crore that the 'South Group' allegedly gave to AAP for liquor licences. were paid for.
“She is a former MP and there is no chance of her running away from justice… The common practice is that women get bail,” he asserted, to which the court replied, “( But) she is not a 'dangerous' woman.
“There is no recovery… The allegation is that the 'South' lobby paid Rs 100 crore but there was no recovery. It is also alleged that he threatened a witness but this is only his story… ” replied Mr. Rohatgi.
On phones and deleted messages
The argument then turned to the prosecution's claims that Ms Kavita had deleted text messages from her mobile phone – key evidence, it was argued – and then reformatted the device. In June, authorities accused him of wiping eight cellphones and reformatting at least one.
However, Ms. Kavita has denied the claim. And today Mr Rohatgi slammed ED's “bogus” claim, saying, “How can you say I 'destroyed' my phone… People change phones. I changed my phone.”
Read onKavita destroys 9 phones, stays in Rs 10 lakh room: ED
Prosecutors, however, questioned Ms Kavita's actions, countering, “Why would you give an iPhone to a maid or servant (authorities had earlier said the BRS leader gave her maid a reformatted phone). had given one)… amounting to tampering with his conduct (with evidence).
Prosecutors also questioned how a phone used by a senior political leader for at least four months could not contain any messages. “On inspection of the phone it was found that there is no data (but) you have been using the phone for four or six months?”
The Supreme Court, though, was unsatisfied, and pointed out that “people delete messages”. “I have a habit of deleting messages… normal behaviour. Any one of us in this room (does it),” Justice Viswanathan said, but the prosecution replied, “You Contacts don't delete history…”
Warranty conditions
The Supreme Court has imposed various conditions on Ms. Kavita, including directing her not to tamper with evidence or influence witnesses. He has also been asked to post surety bonds of Rs 10 lakh – one for ED and one for CBI cases – and surrender his passport.
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