In a related development, the Supreme Court has allowed K Kavitha of Bharat Rashtra Samithi (BRS) to get bail on the condition she will not influence the witness. Kavitha was arrested by the Enforcement Directorate (ED) in March month and the Central Bureau of Investigation (CBI) in the next month April.
The two-judge Supreme Court bench, comprising Justices BR Gavai and KV Viswanathan, said that considering the circumstances, Kavitha had already served more than five months behind bars and that the trial could not be expected to start soon even though the investigation had been completed.
The court also pointed out that as per a section of the Prevention of Money Laundering Act, women can be treated especially while entertaining any matter relating to bail. The bench took serious exception to the refusal of the Delhi High Court’s earlier refusal to grant Kavitha bail, observing that the High Court had “accidentally” or “erroneously” or “totally misapplied” the relevant section of the law.
The Supreme Court also stated that discretion should be exercised judicially and that bail cannot be refused if the woman is highly educated or holds a political post.
As for conditions laid on Kavitha, the court barred her from deleting or altering any evidence or communicating with any of the witnesses in the case. She has also been ordered to give up her passport and produce ₹10 lakh worth of bail for the ED and CBI cases.
