NEW DELHI: The Supreme Court on Tuesday granted bail to BRS leader and Telangana MLC K Kavitha in the cases linked to the alleged Delhi's liquor policy scam, setting aside the Delhi High Court's declining her relief.
A bench of Justices B R Gavai and K V Viswanathan declared that the Delhi High Court order that statutory provision of relaxation of bail to a woman cannot be granted just because a lady is educated and independent is perverse and has to be quashed.
The court order her release on bail, and furnishing a bail bond of Rs 10 lakhs each in both CBI and ED cases.
It, however, directed her not to tamper with the evidence or influence proceedings, surrender passport and report to investigating agency regularly.
It further ordered the appellant to co-operate with the trial.
Senior advocate Mukul Rohatgi argued the plea for her behalf and Additional Solicitor General S V Raju opposed it for the ED.
"We find that the single judge has totally misdirected herself in applying the law. In the result, we allow the appeal. Orders set aside. Appellant is directed to be released on bail," the court said.
The bench said that in view of proviso of Section 45(1) of the Prevention of Money Laundering Act, a woman was entitled to bail without the twin conditions requirement to be satisfied.
The court had on August 12 sought a detailed response from the CBI and ED by August 20, on the bail plea by Kavitha in the cases investigated by the central agencies in connection with the 2021-22 liquor policy case.
Kavitha, the daughter of the former Chief Minister of Telanagana, K Chandrashekar Rao, claimed innocence in the case.
She approached the top court challenging the Delhi High Court's order of July 01, which rejected her bail petition.
Kavitha was first arrested by the ED on the evening of March 15, 2024 from her Hyderabad residence. She was taken into custody by the CBI on April 11 in its separate case in the scam.
The ED claimed Kavitha was a key member of the "South Group", which has been accused of paying the ruling AAP in Delhi kickbacks of Rs 100 crore in return for a big share of liquor licences in the national capital.
The agency alleged that one of the accused in the case, Vijay Nair, received kickbacks to the tune of at least Rs 100 crores on behalf of AAP leaders from the "South Group", allegedly controlled by Sarath Reddy, Kavitha and Magunta Srinivasulu Reddy.
Kavitha's counsel claimed her was covered by the Supreme Court's judgments of granting bail to AAP leaders Arvind Kejriwal and Manish Sisodia.
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