Delhi excise policy case: Supreme Court grants bail to BRS MLC K Kavitha

The Supreme Court on Tuesday granted bail to Bharat Rashtra Samithi (BRS) MLC K Kavitha in the Delhi excise policy case. 

The SC reprimanded the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) over the nature of the probe they have conducted in the case. 

K Kavitha, 46, the daughter of former Telangana CM K Chandrasekhar Rao, has been in custody since March 15 on alleged corruption and money laundering cases linked to the alleged Delhi excise policy scam.

A bench comprising Justices B R Gavai and K V Viswanathan heard K Kavitha's bail plea on August 27 in connection with the alleged Excise Policy scam. Demanding “material” evidence from the ED and the CBI, the SC asked the probe agencies to prove that the BRS leader was involved.

While granting bail, the Supreme Court noted that K Kavitha had been behind bars for five months, and the trial would take a long time to complete as there were 493 witnesses and many documents. The SC noted that the reliance is on the statements of co-accused who have been granted pardon and made an approver, reported ANI.

AAP leader Manish Sisodia, a co-accused in the two cases, was granted bail by the Supreme Court on August 9. Referring to Manish Sisodia's verdict, Senior advocate Mukul Rohatgi, representing the BRS leader, pressed for her bail on the grounds that co-accused Manish Sisodia had also got bail, reported ANI.

The probe agencies accused K Kavitha of tampering with evidence. Additional Solicitor General S V Raju, appearing for the ED and CBI, asserted that K Kavitha destroyed her mobile phone, while Mukul Rohatgi called the allegation “bogus.”

Questioning S V Raju, the bench asked, “What is the material to show that she was involved in the crime?” reported PTI.

The High Court had earlier dismissed K Kavitha's bail pleas in both cases, saying she was prima facie one of the main conspirators in the criminal conspiracy related to the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22.

Setting aside a July 1 Delhi High Court order denying K Kavitha bail, the top court said, “Prosecution has to be fair. A person who incriminates himself has been made a witness! Tomorrow, you pick up anyone as you please? You cannot pick and choose any accused. What is this fairness? Very fair and reasonable discretion!!” reported Live Law.

The ED had arrested K Kavitha, 46, from her Banjara Hills residence in Hyderabad on March 15. The CBI arrested her on April 11 from Tihar jail.