Supreme Court Grants Bail to BRS MLC K. Kavitha in Delhi Excise Policy Case

New Delhi: The Supreme Court on Tuesday (August 27) granted bail to Bharat Rashtra Samithi (BRS) MLC K. Kavitha in connection with the Delhi excise policy case. The court also reprimanded the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) for their probe methods.

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During the hearing, the bench comprising Justices B.R. Gavai and K.V. Viswanathan asked the probe agencies to produce evidence linking Kavitha to the alleged scam. The bench also criticised the agencies for their selective approach in treating some accused as approvers.

“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,” Justice Gavai was quoted as saying by Live Law during the hearing.

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Kavitha’s lawyer, Mukul Rohatgi, argued that the investigation against her was complete and cited the apex court’s earlier verdict granting bail to co-accused Aam Aadmi Party (AAP) leader Manish Sisodia.

The ED alleged that Kavitha had deleted data from her mobile phone, which her lawyer dismissed as a “bogus” claim.

Hindustan Times reported that the bench then questioned the agencies’ lawyer, S.V. Raju, about the material evidence against Kavitha, asking, “What is the material to show that she was involved in the crime?”

Kavitha is accused of being part of the “South Group,” which allegedly paid kickbacks worth Rs 100 crore to the AAP in exchange for favourable treatment in the policy’s formulation and implementation. The Delhi high court had earlier denied her bail, citing her as a main conspirator. The Supreme Court’s decision to grant bail comes after Kavitha challenged the high court order. She was taken into custody by the ED on March 15 and was subsequently arrested by the CBI on April 11 while already in custody at Tihar jail.

Delhi chief minister Arvind Kejriwal, accused by the agencies of being the mastermind behind the alleged excise policy scam, has been in jail since March 21. On April 2, the Supreme Court also granted bail to AAP leader Sanjay Singh, arrested by the ED in connection with the same case.