The judgement in the bail application case of K. Kavitha vs. Central Bureau of Investigation (2024) and Enforcement Directorate was reserved by the Single Judge Bench of Justice Swarna Kanta Sharma of Delhi High Court on May 28, 2024. The 41-page long judgement was delivered on July 1, 2024. Justice Sharma's judgement concluded: "this Court is of the view that no case for grant of regular bail....is made out at this stage."
This judgement of the High Court has been quashed and set aside by a 3-page long order of the Division Bench of Justices B.R. Gavai and K.V. Viswanathan on August 27, 2024 in Enforcement Directorate vs. K. Kavitha (2024).
The High Court judgement reads:"....as far as benefit of proviso to Section 45 is concerned, when it is the case of applicant herself that she is a well-educated and accomplished woman, who has remained Member of Parliament, Member of Legislative Council, etc., this Court is bound to keep in mind the observations of the Hon‟ble Apex Court in case of Saumya Chaurasia (supra). The material collected by the Directorate of Enforcement, which has been discussed in the preceding paragraphs has pointed out that the applicant herein was one of the chief conspirators in the entire conspiracy relating to formulation and implementation of new Excise Policy of Delhi. In fact, some other accused persons were working on behalf of the applicant and as per her instructions, as noted in the preceding discussion. Thus, Smt. K. Kavitha cannot be equated to a vulnerable woman who may have been misused to commit an offence, which is the class of women for whom the proviso to Section 45 of PMLA has been incorporated, as held by the Hon‟ble Apex Court in case of Saumya Chaurasia (supra). Accordingly, this Court is of the considered opinion that Smt. K. Kavitha is not entitled to the benefit of proviso to Section 45 of PMLA."
The proviso to Section 45 of the Prevention of Money Laundering Act (PMLA), 2002 confers a discretion on the Court to grant bail where the accused is a woman.
Supreme Court's order reads: "The impugned judgment and order dated 01.07.2024 passed by the learned Single Judge of the High Court of Delhi in Bail Application No.1675 of 2024 and Bail Application No.1739 of 2024 are quashed and set aside." Kavitha was arrested by ED on March 15, 2024 and subsequently by CBI. The apex Court found the reasoning of the Single Judge Bench of Delhi High Court regarding "vulnerable woman" for denying the benefit of Section 45(1) of the PML Act to be totally misdirected.
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