In Monday’s ruling, a Delhi court dismissed the bail plea of BRS leader K Kavitha in the Delhi excise policy case, asserting that she does not qualify as a ‘vulnerable’ woman.
The court emphasized K Kavitha’s alleged role in influencing witnesses and expressed concerns that granting bail could enable her to continue such activities. It firmly stated that K Kavitha, characterized as educated and well-placed in society, cannot be deemed vulnerable or made a scapegoat for the alleged offenses.
K Kavitha had argued that as a woman, she falls under the first proviso to Section 45(1) of the Prevention of Money Laundering Act (PMLA), which exempts women and those under sixteen from the stringent bail conditions outlined in Section 45.
Her lawyer, Abhishek Manu Singhvi, contended that the court should not be bound by the strict conditions of the law, citing this proviso.
However, the Enforcement Directorate (ED) opposed this, stressing that the exception should be considered based on the specifics of the case. Advocate Zoheb Hossain argued that the proviso is intended for women without agency, not public figures like K Kavitha.
The ED asserted that K Kavitha played a significant role in the bribery case and highlighted evidence suggesting her active involvement and attempts to destroy evidence and influence witnesses.
The court, based on the evidence presented, dismissed K Kavitha’s plea, refuting her lawyer’s argument that she needed to care for her child during exams. It pointed out that the child had other familial support systems in place, questioning the necessity of her presence during the exams.
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