New Delhi: The Supreme Court of India has granted bail to K Kavitha, daughter of former Telangana Chief Minister K Chandrashekar Rao and accused in money laundering case and CBI case in the Delhi liquor policy scam saying ‘procedure resulting in prolonged custody should not become punishment.’
A bench comprising Justice BR Gavai and Justice KV Viswanathan said she is being granted bail in both ED and CBI case because the investigation is over, there are 493 witnesses and there is no likelihood of trial being completed in a short time and lastly she is a woman.
The court in its bail order recorded that K Kavitha, shall furnish bail bonds of rs 10 lakh and surrender her passport in the trial court and also not make attempts to tamper with evidence or influence witnesses.
K Kavitha has been in jail for over 5 months in connection with the Delhi liquor policy case.
The court also took strong exception to the conduct of the Enforcement Directorate (ED) in making Magunta Srinivas Reddy, Member of Parliament, Telugu Desam Party as a witness in the case when the statements suggest that he was an accomplice in the case.
The court remarked that what ED had done reflected a ‘sorry state of affairs.’
If Magunta Reddy has a role which is equal to that of Kavitha, will you pick and choose any one and make them accused or witnesses. ED relies on a statement of Reddy where he says that Arvinf Kejriwal told him that Kavitha is also interested in the liquor policy and he should get in touch with her and he is not made an accused. Prosecution has to be fair, a person who himself incriminates has been made a witness,” said Justice BR Gavai.
Justice Gavai also observed that ED has to be fair and exercise reasonable discretion while making people accused or witnesses.
The court in its order recorded that ED assertion that Kavitha is kingpin in arranging the deal between the accused Arvind Kejriwal and south lobby, it is to be noted that reliance is mainly placed on statements of co accused who have been granted pardon and made approver.