In the politically sensitive Delhi liquor policy controversy that was considered as the masterstroke to dent AAP’s electoral prospects ahead of the general election in 2024 with high profile arrests like Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Tuesday (August 27, 2024) directed that Bharat Rashtra Samithi leader K. Kavitha is to be released on bail “forthwith”.
The leader of BRS force who seemed to have been emotional after seeing her family strongly denied her allegations of the charges brought against her saying that her arrest was purely political.
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About the Delhi Excise Policy Case
New Liquor Policy was launched in Delhi in the year 2021 in order to bring major changes in the current pattern of distribution and sale of alcohol in the city. It altered the structure of selling of liquor in the city — the government opted out of that business to open it up only to private players for the operation of liquor stores.
However, Delhi’s Chief Secretary found policy implementation to be highly political and fraught with corruption. In view of this, Delhi LG sought a CBI probe into this case Following this, the Delhi Lieutenant Governor (LG) ordered a CBI probe into this case.
The ED claims in its affidavit that the policy has been deliberately engineered with gaps that would only lead to cartel formations that would benefit AAP leaders. In August 2022, CBI arrested the Deputy Chief Minister of Delhi, Manish Sisodia, along with three others and Enforcement Directorate filed a parallel FIR in the money laundering case in connection with the liquor policy. In march 2024, ED arrested BRS Leader K Kavitha and Delhi CM Arvind Kejriwal.
Supreme court’s ruling in August 2024
The bench of SC including Justice B R Gavai and K V Viswanathan expressed disapproval over the decision of Delhi High Court in rejecting Kavitha’s bail application in April under exercising an exception for women in the bail provisions under PMLA.
In the order also it observed that the investigation is over and chargesheet/prosecution complaint has been filled in both CBI as well as in ED cases. Therefore, in the case of the petitioner who has been in the bars for more than five months, the custodial interrogation has become unnecessary. Likewise, the trial in both the cases cannot commence soon because there are nearly 493 witnesses to be cross-examined and the number of documents is nearly 50,000 pages. The bench also reiterated the observation made in the case of Manish Sisodia that under trial custody should not be made a punishment.
The bench further said that there is a proviso to Section 45(1) of the Prevention of Money Laundering Act, whereby a woman has rights to special consideration in the matter of bail. The Supreme Court of India was very much displeased for the remarks of the Delhi High Court regarding the proviso to Section 45 PMLA which meant that it is not applicable on the women of high status.
Kavitha’s remarks after getting bail
BRS leader K Kavitha, addressing the media on Tuesday after they were released on bail from the Delhi liquor policy case, she said that she will ‘repay’ those who got her arrested and that she had no regret for stepping into a judicial custody for more than five months.
BRS workers and supporters danced to the beats of drums and burst crackers as she came out of the prison. KTR, the working president of BRS and Ms Kavitha’s brother, was also present on the occasion.
We are fighters and we will fight it out legally and politically They have only made BRS and KCRs team more unbreakable,” said the BRS leader in her first reaction after coming out of jail. Speaking to the media at the BRS party office, Ms. Kavitha noted: “I will pay back all those who put me and my family through this, our time will come.”
