A bench of Justices BR Gavai and KV Viswanathan said the trial will not end soon and undertrial detention should not be a punishment for the accused.
The bench also disagreed with the Delhi high court order rejecting Kavitha’s plea for bail under Sec 45 of the PMLA which makes a special case for bail for women, among other categories. The HC said Kavitha being “highly educated and accomplished” could not benefit from the provision meant for “vulnerable women”. The SC said the court cannot create a subcategory when the provision only mentions ‘women’.
‘Fair’: SC says the other 2 were not tried
After half an hour of the hearing and after reviewing some evidence, the bench raised objections to the probe and told additional solicitor general SV Raju that if he continues to argue the case on behalf of the agency, it should continue. detailed order and must pass observations on the merits of the evidence that may affect the trial process. Reluctantly, ASG gave in. He agreed to bail for Kavitha and asked the court not to comment on the merits of the case, paving the way for the court to pass a short order granting bail. The bench also clarified that these observations are irrelevant to the matter.
Kavitha, daughter of former Telangana chief minister K Chandrashekar Rao, who was arrested by the ED on March 15, is the third person to be charged after AAP leader Manish Sisodia and MP Sanjay Singh were released from jail in the case. Delhi CM Arvind Kejriwal gets bail in PMLA case but bail plea in CBI case pending in SC.
The bench asked for the same principle applied in the Sisodia case that the delay in the trial and long imprisonment can be grounds for bail in money laundering cases. The court noted that the investigation against Kavitha in both the cases is over and the charge sheet/complaint has been filed in the court and no custodial interrogation is required. He said that the trial in the case will not be over as there are about 493 witnesses and documentary evidence amounting to almost 50,000 pages and this is a suitable case for bail because undertrial custody should not be a punishment.
In the Supreme Court’s order denying bail to Kavitha because she was “highly educated and accomplished”, the bench said, “This court observes that the court, while deciding the matter, must exercise its discretion. The court did not say that just because she is a woman are learned or sophisticated or members of Parliament or members of the Legislative Council are not entitled to the benefit of Section 45 of the PMLA Act. We find that the learned single judge bench has erred,” the SC said.
The bench also asked why Buchi Babu, the auditor who allegedly received Rs 25 crore on behalf of Kavitha, was not accused in money laundering case when the ED received that they took the money. The court also said that the role of Magunta Reddy, a liquor businessman, was the same as that of Kavitha but he was not accused but was a witness. Reddy’s son was charged, but he got pardoned and entered into a settlement in the case.
“The prosecution must be fair. People who have suffered themselves have been witnesses. Tomorrow, you choose whoever you want and leave whoever you choose? You can’t pick and choose the accused. What is this justice? I’m sorry to see this situation. If has a position, the position is almost the same as Kavitha. So you will choose and choose anyone?” the bench said.
Sensing the mood from the bench, the CBI and ED decided not to file the case against Kavitha as adverse observations by the SC on the merits of the case would affect the trial.
The bail plea of another accused in the case, Vijay Nair, was also heard on Tuesday before a bench headed by Justice Hrishikesh Roy. It adjourned the case for a week after the CBI-ED sought time to respond to its plea.
