K Kavitha Granted Bail in Delhi Liquor Case

The Supreme Court of India granted bail to Bharat Rashtra Samithi (BRS) leader K Kavitha in the high-profile Delhi liquor policy case. This decision came after the court critically examined the evidence presented by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI), questioning the necessity of Kavitha’s continued custody for further investigation.

In a significant observation, the court referred to its previous ruling granting bail to Manish Sisodia, a leader of the Aam Aadmi Party, who was implicated in the same case. The Supreme Court emphasized that, as observed in the Sisodia judgment, the trial in this matter is expected to take time, and holding Kavitha in custody was deemed unnecessary.

Furthermore, the court underscored that Kavitha is entitled to the protections available to women under Section 45 of the Prevention of Money Laundering Act (PMLA). The Supreme Court was critical of a previous observation made by the Delhi High Court, which suggested that an educated, sophisticated woman might not be eligible for bail under this section. The apex court dismissed this notion, asserting that no artificial distinction should be made between different classes of individuals, emphasizing equal treatment under the law.

The prosecution’s allegations that Kavitha had deliberately deleted text messages, which were considered crucial evidence, were met with skepticism by the court. Kavitha, through her legal representation, dismissed these accusations as baseless, stating that changing or formatting phones is a common practice, and does not constitute evidence tampering. The court acknowledged that deleting messages is a routine action for many, further weakening the prosecution’s stance.

As the case progresses, this ruling could set a precedent for similar cases, particularly concerning the rights and protections afforded to women under the PMLA. The Supreme Court’s decision to grant bail to Kavitha underscores the importance of a fair and balanced judicial process, where the individual’s rights are upheld, irrespective of the charges leveled against them.

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