The Indian Supreme Court granted bail to Kalvakuntla Kavitha, the leader of the Bharat Rashtra Samithi (BRS) party, on Tuesday in the money laundering case related to the Delhi liquor policy scam after the high court rejected her bail application on July 1, 2024. The money laundering and corruption case was brought against Kavitha by agencies including the Enforcement Directorate (ED) and Central Board of Investigation (CBI) following the alleged excise policy scam, which has also put many notable political leaders of Delhi, including Chief Minister Arvind Kejriwal and his fellow party member Manish Sisodia, under scrutiny.
In its ruling, the Supreme Court criticized the ED and CBI for their apparent biases in their “selective approach in terming some accused as approvers.” The court questioned why Kavitha remains in custody despite the completion of the investigation, the filing of the chargesheet, and the absence of a need for further custodial interrogation. The court emphasized that “bail is a rule and jail is an exception,” especially given the likely lengthy trial involving almost 493 witnesses and a massive volume of documentary evidence.
The Delhi High Court, in its earlier decision to deny Kavitha’s bail, cited section 45(1) of the Prevention of Money Laundering Act (PMLA), which provides women with special consideration for bail in money laundering offenses. However, the Supreme Court rejected this argument, noting that Kavitha is not a “vulnerable” woman and thus does not qualify for special consideration under section 45(1).
Kavitha was arrested by the ED on March 15 and was later taken into judicial custody by the CBI. She has remained in custody since then. Delhi’s Chief Minister, who is implicated in the same liquor policy scam, was granted bail by the Supreme Court. Moreover, Kejriwal’s close associate and renowned opposition leader Manish Sisodia was also granted bail by the apex court on August 10, following a 17-month-long period in custody.