Supreme Court Grants Bail to BRS Leader K Kavitha in Delhi Excise Policy Case

The Supreme Court granted bail to BRS leader K Kavitha in the Delhi excise policy case, criticizing investigative agencies for relying on inferences rather than solid evidence. The court emphasized the completion of the investigation, the unlikelihood of a swift trial, and clarified the interpretation of bail provisions for women under PMLA.

In a significant development, the Supreme Court of India has granted bail to Bharat Rashtra Samithi (BRS) leader K Kavitha in the contentious Delhi excise policy case. The decision, handed down on Tuesday, comes after Kavitha spent five months in custody following her arrest by the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) earlier this year.

The ruling, delivered by Justices Bhushan R Gavai and KV Viswanathan, highlighted several key factors influencing their decision. The bench noted that the investigation was complete, and charge sheets had been filed, negating the need for Kavitha's continued custody. They also emphasized the improbability of a swift trial conclusion, given the case's complexity and the vast number of witnesses and documents involved.

Notably, the court criticized the investigating agencies for their approach to the case. The justices questioned the reliance on inferences rather than concrete evidence and expressed concern over the selective treatment of witnesses. They warned against making negative inferences without substantial proof, particularly regarding allegations of evidence destruction.

The court's decision also addressed the interpretation of Section 45(1) of the Prevention of Money Laundering Act (PMLA), affirming that the law does not distinguish between "vulnerable women" and those of higher social or political status when considering bail applications.

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While granting bail, the Supreme Court imposed conditions on Kavitha, including a ₹10 lakh bond, passport surrender, and instructions not to tamper with evidence or influence witnesses. The bench clarified that their observations were limited to the bail proceedings and would not impact the trial's merits.

This ruling follows a similar decision in favor of former Delhi Deputy Chief Minister Manish Sisodia, potentially setting a precedent for other high-profile cases related to the Delhi excise policy controversy.