K Kavitha
Credit: PTI Photo
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, observing that the CBI and ED cannot pick and choose accused merely on the statement of an approver.
A bench of Justices B R Gavai and K V Viswanathan held that the Delhi High Court order stating 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 said the agencies could not rely only on statements made by former accused persons who have turned 'approver', or become prosecution witnesses. If we take approvers' statements, his role is as much as of Kavitha, the bench said.
"You have to be fair, a person who incriminates himself has been made a witness? You cannot pick and choose. What is this fairness," the bench asked Additional Solicitor General S V Raju, appearing for the central agencies.
The court also sought to know as to what the evidentiary value of co-accused implicating the appellant is.
Senior advocate Mukul Rohatgi, appearing for Kavitha, submitted that the investigation qua her has been completed in both the CBI and ED cases. There were 493 witnesses and 57 accused cumulatively in both the CBI and ED cases.
He said she is a sitting MLC and there is no chance that she will flee from justice.
Raju said the agencies have got sufficient evidence with regard to her role, including the CDR and statements from co-accused.
The court, however, ordered her release on bail, on furnishing a 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.
The court pronounced the order after hearing senior advocate Rohatgi on her behalf and Raju for the CBI and the ED.
"We find that the single judge has totally misdirected herself in applying the law. In the result, we allow the appeal and set aside the orders. Appellant is directed to be released on bail," the court said.
The top 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, 46, 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 1, which rejected her bail petition.
Kavitha was first arrested by the ED on the evening of March 15, 2024 from her Hyderabad residence.
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 crore on behalf of AAP leaders from the "South Group", allegedly controlled by Sarath Reddy, Kavitha and Magunta Srinivasulu Reddy.