Today, On 27th August, The Supreme Court criticized the selective targeting in investigations by the CBI and ED in the Delhi Excise Policy case, emphasizing that accused individuals cannot be chosen based on convenience. In a significant development, the court granted bail to Bharat Rashtra Samithi leader K Kavitha earlier today.
New Delhi: The Supreme Court, On Tuesday, strongly criticized the approach taken by the country’s two leading central investigative agencies in their handling of the Delhi Excise Policy case.
A Bench comprising Justices BR Gavai and KV Viswanathan expressed concern, noting that the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) seemed to rely on selective witness and approver statements, favouring the prosecution’s convenience.
Justice Gavai remarked,
“You cannot pick and choose any accused. If we take approver’s statements, his (Sarath Reddy) role (in alleged scam) is also as much as Kavitha’s. Prosecution has to be fair, you cannot pick and choose anyone. What is this fairness? Someone who incriminates himself, while being witness (but not prosecuted against)? Very fair and reasonable discretion!”
Justice Viswanathan also contributed to the discussion, emphasizing the legal implications of relying on statements from co-accused to implicate others.
He stated,
“Purely from a legal point, what is the evidentiary value of co-accused implicating the appellant? How incriminatory can it be? You cannot start with this, you have to see for lending assurance after marshalling other evidence. We are ignoring the retraction (of co-accused Arun Pillari’s statement) and going by the unretracted statement, just from a legal perspective.”
Justice Gavai expressed concern over the approach taken by the ED and CBI during bail hearings, noting that they presenting arguments as if it were the main trial.
He stated,
“Do not argue like trial. These were statements relied on in Kejriwal case where he was granted bail in ED case. If you are going to argue bail matters like this, everyday we can only take one or two matters. We cannot allow this only because parties are celebrities. Bail cannot be heard for hours and hours.”
The Bench also criticized the focus on the merits of the case and the detailed discussion of evidence at this preliminary stage.
“If you want more observations, we are warning you. This Court has repeatedly said elaborate arguments on bail should be avoided”.
The Bench made these oral observations before granting bail to Bharat Rashtra Samithi (BRS) leader Kalvakuntla Kavitha in cases initiated by the ED and CBI related to alleged corruption in the implementation of the now-defunct Delhi Excise Policy 2021-22.
The counsel for both agencies argued against granting bail, emphasizing the evidence gathered during their investigations. However, Justice Gavai, before dictating the order, subtly suggested that the conduct of the ED and CBI could come under scrutiny.
He remarked,
“You may not want any comments on the conduct of the agencies.”
Ultimately, the Court overturned the Delhi High Court’s orders, issued by Justice Swarana Kanta Sharma, which had denied Kavitha bail.
On the day of the hearing, Senior Advocates Mukul Rohatgi, Vikram Chaudhri, and Dama Seshadri Naidu, along with a team of advocates including Nitesh Rana, P Mohith Rao, J Akshitha, Arveen Sekhon, and others, represented K Kavitha. Additional Solicitor General SV Raju, along with a group of advocates, including Zoheb Hossain and Mukesh Kumar Maroria, appeared for the ED and CBI.
Kavitha arrested by the ED on March 15 in Hyderabad, followed by her arrest by the CBI on April 11. Both agencies accused her of involvement in bribery and money laundering connected to the Delhi Excise Policy.
On May 6, the trial court rejected her bail pleas in both the CBI and ED cases.