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On Tuesday, August 27, the Supreme Court granted bail to BRS leader K. Kavitha in both the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases related to the Delhi excise policy scandal.
Justices B.R. Gavai and K.V. Viswanathan were considering Kavitha’s bail applications in connection to the corruption and money laundering investigations by the CBI and ED. The court noted the presence of 493 witnesses, making it unlikely that the trial would conclude soon.
The court observed that the ED has submitted its prosecution complaint (similar to a chargesheet), and the CBI has filed its chargesheet in the underlying offense. Therefore, there was no necessity for Kavitha’s continued detention. The court granted her bail with special considerations for women, exempting her from the dual requirements under Section 45(1) of the Prevention of Money Laundering Act (PMLA).
Section 45 of the PMLA stipulates that bail in money laundering cases can only be granted if two conditions are met: prima facie evidence that the accused has not committed the offense and assurance that they will not commit further offenses while on bail.
The Bench criticized the Delhi High Court’s decision to deny Kavitha bail. The Single Judge had ruled that Kavitha did not qualify as a “vulnerable woman” and therefore was not eligible for the exception provided in Section 45(1) of the PMLA, 2002.
