Can an educated woman not be granted bail? Which statement of the Delhi High Court angered the Supreme Court?


New Delhi: The Supreme Court has granted bail to Bharat Rashtra Samiti (BRS) leader Kavita in the Delhi liquor scam case. Kavita is under the scanner of two central agencies CBI and ED. During the hearing on Kavita's bail plea, the Supreme Court strongly criticized the High Court. The Supreme Court ripped apart the grounds given by the Delhi High Court to reject Kavita's bail plea. The Supreme Court said that according to the High Court, no educated woman can get bail. The Supreme Court asked whether this could happen?

Know what the Delhi High Court said to K. Kavitha

On July 1, a bench of Justice Swarnakant Sharma of the Delhi High Court rejected K. Kavitha's bail plea. On one hand, the judge said in his decision that Kavitha is an educated woman who has made significant contributions through her social work. On the other hand, he also said that Kavitha is not a weak woman who should be given the benefit of exemption given to women under the provisions of Section 45 of the Anti Money Laundering Act PMLA. With this comment, the High Court rejected K. Kavitha's bail plea.

What did the Supreme Court object to about the Delhi High Court?

The BRS leader had challenged the High Court's decision in the Supreme Court. In the hearing held on Tuesday, the Supreme Court strongly objected to the above comment of the High Court. The bench of Justice BR Gavai and Justice KV Vishwanathan said that if this decision of the Delhi High Court is allowed to become a law, it will mean that no educated woman can be granted bail. The Supreme Court bench said, 'If the High Court's decision becomes a law, then at least all the courts of Delhi will follow it. What is this? Rather, we will say that the courts should not differentiate between an MP and a common man.'

Poetry needs legal exemption for women: Supreme Court

The Supreme Court said that the investigation has been completed and the chargesheet has also been filed. In such a situation, it is not necessary to keep the petitioner K. Kavitha in custody. She has been behind bars for five months. The possibility of the trial against her being completed soon is almost impossible. As we have said many times, undertrial detention should not be a form of punishment. The Supreme Court also said that K. Kavitha is also entitled to the exemption given to women under Section 45 of PMLA.

Advice to Delhi High Court

The Supreme Court said that the single judge of the Delhi High Court, while refusing relief under Section 45, said that the petitioner is highly educated and has made a big contribution through social work. The court praised him and said that it cannot ignore serious allegations. The court, while refusing bail to Kavita, called her a strong woman. This is not right. The Supreme Court said that the High Court should be more sensitive towards women and should have more sympathy towards them. The Supreme Court said, 'The judge reached a wrong conclusion while applying Section 45.'

Let us tell you that in the Delhi liquor scam, Aam Aadmi Party (AAP) Rajya Sabha MP Sanjay Singh and former Delhi Deputy Chief Minister Manish Sisodia have already got bail from the Supreme Court. Now K. Kavitha will also come out of jail.


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