Supreme Court Grants Bail to Kavitha in Liquor Scam Case
New Delhi: Kavitha, who was in jail in connection with a liquor scam, has been granted conditional bail by the Supreme Court. The bench, comprising Justice B.R. Gavai and Justice Viswanathan, heard the bail petition filed by Kavitha and concluded in her favor. Senior advocate Mukul Rohatgi represented Kavitha, while the Additional Solicitor General (ASG) argued on behalf of the Enforcement Directorate (ED).
Court’s Reasoning for Bail:
The Supreme Court bench granted bail in both the ED and CBI cases against Kavitha, citing three main reasons:
- The Central Bureau of Investigation (CBI) has filed the final charge sheet, and the ED has completed its investigation.
- The accused does not need to remain in jail as the primary investigations have been concluded.
- The court acknowledged that Kavitha should be considered as a woman, which played a role in their decision to grant bail.
Conditions of Bail:
The Supreme Court granted conditional bail to Kavitha, requiring her to submit two sureties worth Rs. 10 lakh each. The court imposed conditions that Kavitha should not speak to the media about the case and must not attempt to influence witnesses. Additionally, Kavitha was instructed to surrender her passport to the relevant authorities.
Arguments by Mukul Rohatgi:
During the hearing, Mukul Rohatgi argued that Kavitha is entitled to bail as the investigations by both the ED and CBI have been completed. He noted that Kavitha has already been in jail for five months in the ED case and four months in the CBI case. Rohatgi pointed out that 493 witnesses had been examined, and charge sheets have been filed. He argued that there is no possibility of Kavitha fleeing the country and that the allegations of a ₹100 crore transaction are unsubstantiated. He also highlighted that Kavitha had provided the phone numbers requested by investigating agencies and questioned whether it was a crime to change phones. He further stated that despite claims that the South Group had transferred ₹100 crore, no recovery had been made. Rohatgi insisted that Kavitha did not threaten anyone and argued that the terms of the bail granted to Sisodia should apply to her as well.
Arguments by ED’s Counsel:
The ED’s lawyer, S.V. Raju, argued that Kavitha was not cooperating with the investigation. He stated that while Kavitha had provided mobile phones, she claimed not to know whether the phones were formatted or if any data had been deleted. The lawyer objected to the Supreme Court’s consideration of Kavitha’s community service and educational qualifications, arguing that past status should not be a basis for granting bail. He also mentioned that Kavitha had allegedly been involved in fundraising activities and questioned her involvement with various individuals connected to the case.
Background of the Case:
Kavitha was arrested by the ED on March 15 this year under the Prevention of Money Laundering Act (PMLA). The ED officials conducted searches at her residence, interrogated her under the PMLA, and recorded her statement. Five cell phones were seized from her possession, and she was subsequently sent to Tihar Jail.
The case originated in August 2022 when the CBI registered a case alleging irregularities in Delhi’s liquor policy. Kavitha’s name surfaced following statements collected from Hyderabad-based liquor dealer Arun Ramachandrapillai. The ED investigated claims that ₹100 crore had been transferred through the South Lobby in connection with Delhi liquor tenders. Allegations were made that donations amounting to ₹100 crore were funneled to the Aam Aadmi Party (AAP) through the hawala route via this South Group. Kavitha was named in the remand report as a “benami” (proxy) for these transactions. After receiving a notice from the ED, Kavitha approached the Supreme Court to have the summons quashed, arguing that they violated women’s rights. She was granted relief at that time, but was arrested by the ED on March 15 this year. With bail granted today, Kavitha is expected to be released from jail soon.
