SUPREME COURT GRANTS BAIL TO K KAVITHA IN LIQUOR POLICY CASE. QUESTIONS FAIRNESS OF CBI/ED INVESTIGATION

The Supreme Court in the case Kalvakuntla Kavitha Versus Directorate Of Enforcement, Kalvakuntla Kavitha v.

Central Bureau of Investigation observed and has granted bail to Bharat Rashtra Samithi leader K Kavitha in the money laundering and corruption cases which is related to the alleged Delhi liquor policy scam.

The bench comprising of Justice BR Gavai and Justice KV Viswanathan in the case questioned the fairness of the prosecution agency, CBI/ED and has criticised their selective approach in treating some accused as approvers.

The bench of Justice Gavai observed during the hearing that, '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!' The bench of Justice Gavai warned Additional Solicitor General of India SV Raju that the Court would make such observations in the order if he in the case continued to oppose the bail on merits.

The Additional Solicitor General of India SV Raju after arguing for nearly an hour, refrained from making further submissions.

The Additional Solicitor General of India SV Raju stated that he would concede to bail after taking instructions.

However, the bench in the case refused to adjourn the hearing and has proceeded to dictate the order.

OBSERVATION IN THE ORDER:

The bench in the case noted that the investigation is complete and chargesheet or prosecution complaint has been filed in both the CBI and ED cases. The Custodial interrogation of the petitioner, who has been behind the bars for over five months, is no longer necessary and the trials in both cases are unlikely to be completed soon since there are about 493 witnesses to be examined and the documentary evidence runs to nearly 50,000 pages.

The bench in the case reiterated its observation in the judgement of Manish Sisodia case that the undertrial custody should not be turned into a punishment.