Supreme Court Adjourns Kavitha’s Bail Plea

The Supreme Court of India Tuesday took up MLC Kavitha’s bail plea which came as the latest turn in her legal fight. Ever since Kavitha has been under the law enforcement net due to her connection with the Delhi liquor scam, the one thing that could free her was expecting bail, though the judicial system was not so simple about it.

SC Proceedings and Major Developments

During the hearing, the Apex Court gave notices to the E D and the CBI to file a counter-affidavit on merits of the petition moved by Kavitha. But the hope of her freedom was cut short when the apex court rejected her bail plea for her to be released on an interim basis. The bench in the case was constituted with Justice BR Gavai and Justice Vishwanath where the judges went into a comprehensive examination of the case.

The Prehistory of Kavitha’s Legal Struggle

Kavitha’s legal trouble started when she was arrested by the ED on March 15, then arrested again by the CBI in the Delhi liquor scam on April 11. Her efforts to regain her bails have been blocked largely; the trial court as well as the Delhi High Court in this past rejected her applications. Given such rejections, Kavitha resolved to appeal against the decision of the Delhi High Court to the Supreme Court.

The outcome of the judgement of the Delhi High Court on July 1 was rather unpalatable for Kavitha for the fact that it did not allow her bail despite the persuasive arguments made by her counsel. She then filed a special leave petition (criminal) in the Supreme court complaining what she deemed a unfair decision. Even in the supreme court Kavitha’s expectations were to be let down again as the hearing was adjourned meaning that she had to be detained as a remand prisoner.

When the case was being heard before the Supreme Court, Kavitha was being represented by Advocate Mukul Rohatgi Kavitha had been in jail for five months and besides, the court noted that there were 463 witnesses in the case. He contended that she need not be detained any further and that she ought to be released on bail.

The legal aspects, more specifically the way Kavitha was dealt as a female accused was pointed out by the legal team. They said that out of the total of 50 persons identified in the charge sheet by the investigating agencies, of which only Kavitha was a woman. They told them that the law entitles certain special facilities and protection to women, which are some considerations that the court ought to have made.

Besides, her defense team accused the investigating agencies of having violated some laws and norms in the arrest of the suspect. They argued that the agencies had not complied with even the basic, statutory requirements, but more importantly, that this cavalier attitude to the law should have informed the court’s decision to grant bail.

The sister-in-law of the Telangana CM, Kavitha’s family especially her brother KTR, the working president of the BRS and the former minister Harish Rao have been attempting to get her release. Recently, the both of them went to Delhi, in what some reports claim was to plot on how to secure bail for Kavitha. Despite all the effort they made, the family was let down when the Supreme Court hearing was concluded, and the family did not get the court on their side.

Kavitha has been in Tihar Jail for the last five months and the family has been waiting for her release. With the Apex court declining to grant interim bail and the next date of hearing set for the 20 of August, she has to remain incarcerated for another week before a determination is made in respect of her fate. In any case, she will still not be guaranteed a bail and this remains one of the darker aspects of the woman’s case on Kavitha’s Bail Plea.

High Court proceedings; Arguments

Before, when the Delhi High Court sessions were being held, Kavita’s senior counsel passionately spewed debaterially for her. They also argued that in Delhi Liquor Policy case, the charge sheet filed by the investigating agencies contains 50 people’s names, but the only female Kavitha’s Bail Plea of them is Kavitha, who is still in jail. They opposed the grant of bail on the basis of section 349 of the Criminal Procedure Code saying that the law has accorded certain special status to women and her application for bail should therefore have taken this into consideration.

The defense also lodged a wrong doing charge on the investigating agencies and preempted that they had committed illegality from the start. They alleged that the essential basic standards were not complied with during Kavitha’s arrest and that the agencies had violated the provisions of law that protected women. However, to all these arguments, the High Court declined to entertain the defense’s arguments which have led to the present state in the Supreme Court on Kavitha’s Bail Plea.

Conclusion: It is a long, legal fight you see for Kavitha now

As it holds right now, Kavitha has a lot of fighting to do in the courtroom. However, with the Supreme Court having issued notices to the ED and CBI and the next date of hearing fixed for August 20, the outcome is still rather unpredictable. Kavitha and her legal advisors will have to wait and see that the next hearing will turn the tide for them.

For now, Kavitha is still detained in Tihar Jail, and her family is still trying to win her early release from prison. People in the legal profession and the general public are observing keenly, because the case is not only important to Kavitha and Chakravarthy but also to matters of legal practice and the rights of women in the judicial system in India. Over the next few weeks the events that will likely shape the course of this high-profile case will occur.