SC Grants Bail To BRS MLC Kavitha In Delhi Liquor Scam Case

The Supreme Court (SC) today granted bail to BRS MLC Kavitha in the Delhi liquor scam cases involving both the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

She is required to furnish a surety of Rs 10 lakh each in each case to secure the bail, and has been instructed not to influence any witnesses in the case. The SC also ordered that Kavitha's passport be surrendered to the trial court, and that she needed to obtain permission from the court to travel abroad. She was also instructed to cooperate with the trial and the investigating agencies during adjournments.

During the hearing, the court made significant observations. It noted that the investigation into the liquor case had been completed and the chargesheet had been filed, and that it was not appropriate to keep Kavitha in judicial custody at this stage. It also emphasized that a woman was entitled to bail under Section 45 IPC, overturning the Delhi High Court's decision.

"The High Court judge acted as if Section 45 applied only to vulnerable women. Denying bail to a woman solely on the basis that she is educated is unjust. Courts should be sensitive to Section 45," the SC said.

Kavitha was arrested by the ED on March 15 this year in connection with the Delhi liquor policy case, and has been held in Tihar Jail since then. She was subsequently arrested by the CBI on April 15 in the same case and has been in jail as a remand prisoner for nearly five months. During her incarceration, she lost 11 kilograms and fell ill multiple times.

Kavitha first fell ill on July 16 and was transferred to Delhi's Deen Dayal Upadhyaya Hospital for treatment. Two days later, on July 18, she appeared before the court via video conferencing, and her health issues were brought to the attention of Judge Kaveri Baweja. Following her request, she was permitted to undergo a medical examination at AIIMS, Delhi.

Her health condition has not fully improved since then, with jail doctors continuing her treatment. On August 22, Kavitha fell ill again and was taken to AIIMS, where a medical examination was conducted in the presence of her husband Anil. She was returned to jail later that day at around 2 pm.