Delhi liquor policy scam case: After Manish Sisodia, BRS leader K. Kavitha granted bail

The Supreme Court on Tuesday (August 27) granted conditional bail to Bharat Rashtra Samithi (BRS) leader K Kavitha, who was arrested earlier this year in connection with the Delhi liquor policy scam. Kavitha, who was taken into custody by the Enforcement Directorate (ED) in March, and by the Central Bureau of Investigation (CBI) a month later, was released following a decision by a two-judge Supreme Court bench of Justices BR Gavai and KV Viswanathan.

Kavitha's arrest is part of a broader investigation into the Delhi liquor policy scam, which also implicates Delhi Chief Minister Arvind Kejriwal and his former deputy, Manish Sisodia.

Sisodia, who was arrested in February last year, was granted bail earlier this month by the Supreme Court, which cited delays in the trial and the need to uphold his fundamental rights.

Kavitha is the second major opposition figure to get bail in this case. While Sisodia has been released, Kejriwal remains in jail, having secured bail in the ED case but not yet in the CBI case. The Supreme Court recently refused to grant him relief.

In their ruling, Justices Gavai and Viswanathan noted that Kavitha, like Sisodia, had already spent over five months in jail and that the trial was unlikely to commence soon, even though the investigation had concluded.

"We find the investigation is complete. As such, custody of the appellant is not necessary... she is in jail for five months and, as observed with Sisodia, the likelihood of trial in the near future is impossible," the bench stated.

The court also said that the law provides special consideration for women when reviewing bail applications. They referred to Section 45 of the Prevention of Money Laundering Act, which allows for the release of certain categories of accused individuals, including women, without meeting the standard twin requirements for bail.

Also watch |India: BRS leader K Kavitha remanded to ED custody till March 24

The Supreme Court slammed the Delhi High Court for denying Kavitha's earlier bail plea on the grounds that she is an educated woman and a former Member of Parliament, and thus not a 'vulnerable' woman. The High Court had argued that her education and status precluded her from being considered for bail under the usual provisions for women.

Arguing that the High Court had "totally misapplied" the relevant section of the law, the Supreme Court asserted that courts must exercise judicial discretion appropriately when deciding such matters. "The court cannot say that merely because a woman is highly educated, or an MLA, [she] should be denied the benefit of bail," the bench said.

(With inputs from agencies)