NEW DELHI: The Supreme Court on Tuesday granted bail to BRS leader K Kavitha in the Delhi excise policy case.
Th bench comprising of Justices B R Gavai and K V Viswanathan questioned CBI and ED about the evidence they have against Kavitha during her bail plea hearing.
“Investigation is complete and chargesheet has been filed. Custody of the appellant is not necessary.She has been behind bars for 5 months. The likelihood of trial being concluded in near future is impossible. As said in various pronouncements of this court, undertrial custody should not turn into a punishment,” the Court said.
Kavitha’s senior advocate Mukul Rohatgi said that the agencies had already completed their investigation against her. He also cited the Supreme Court’s decision to grant bail to AAP leader Manish Sisodia, who is a co-accused in both cases.
However, S V Raju, the additional solicitor general representing the investigating agencies, alleged that Kavitha had destroyed or formatted her mobile phone, which he claimed amounted to evidence tampering. Rohatgi dismissed this allegation as “bogus.”
“What is the material to show that she was involved in the crime,” the bench asked Raju.
On August 12, the Supreme Court had requested responses from the CBI and ED regarding Kavitha’s petitions challenging the Delhi high court’s July 1 order denying her bail in both cases.
Additionally, SC said that Delhi high court order that 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 high court had rejected Kavitha’s bail applications, stating that she appeared to be one of the main conspirators in the criminal conspiracy surrounding the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22.
The ED arrested Kavitha (46) at her Banjara Hills residence in Hyderabad on March 15, and the CBI arrested her on April 11 while she was in Tihar jail.
Th bench comprising of Justices B R Gavai and K V Viswanathan questioned CBI and ED about the evidence they have against Kavitha during her bail plea hearing.
“Investigation is complete and chargesheet has been filed. Custody of the appellant is not necessary.She has been behind bars for 5 months. The likelihood of trial being concluded in near future is impossible. As said in various pronouncements of this court, undertrial custody should not turn into a punishment,” the Court said.
Kavitha’s senior advocate Mukul Rohatgi said that the agencies had already completed their investigation against her. He also cited the Supreme Court’s decision to grant bail to AAP leader Manish Sisodia, who is a co-accused in both cases.
However, S V Raju, the additional solicitor general representing the investigating agencies, alleged that Kavitha had destroyed or formatted her mobile phone, which he claimed amounted to evidence tampering. Rohatgi dismissed this allegation as “bogus.”
“What is the material to show that she was involved in the crime,” the bench asked Raju.
On August 12, the Supreme Court had requested responses from the CBI and ED regarding Kavitha’s petitions challenging the Delhi high court’s July 1 order denying her bail in both cases.
Additionally, SC said that Delhi high court order that 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 high court had rejected Kavitha’s bail applications, stating that she appeared to be one of the main conspirators in the criminal conspiracy surrounding the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22.
The ED arrested Kavitha (46) at her Banjara Hills residence in Hyderabad on March 15, and the CBI arrested her on April 11 while she was in Tihar jail.