Hyderabad (Telangana) [India], August 28 (ANI): Following the Supreme Court’s decision to grant her bail in connection with the ‘excise policy case’ by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), Bharat Rashtra Samithi (BRS) leader K Kavitha on Wednesday said that history has time and again proved that truth will prevail.
The BRS leader reached her residence in Hyderabad on Wednesday after the apex court granted her bail in the irregularities in the ‘excise policy case’ on Tuesday.
“History has time and again proved that truth will prevail. Even in my case, history repeated itself – truth will prevail, justice will prevail and we will continue to fight politically and legally. We will go to people and we will fight…India has always stood firmly with justice and truth and I am very confident that in my case I will come out very clean,” she said.
The BRS leader tied Rakhi to her brother and party working president KT Rama Rao at her residence in Hyderabad.
Earlier, she also expressed her happiness and said, “I am happy to be home. I am extremely thankful and I feel blessed. I just have to meet the family members, that is the course of action right now.”
After coming out of Tihar Jail on Tuesday, K Kavitha expressed her happiness about meeting people after five and a half months.
“I am happy to meet all of you after five and half months. I have been in politics for 18 years. I have seen many ups and downs. But as a mother, it is very difficult to leave my children for five and half months personally for me or my family. We will give back with interest to those who have caused this state to our family,” Kavitha said as she pledged to fight politically and legally.
“Time will come and we will definitely give back with interest. I give my heartfelt thanks to all those who were with me and my family during this difficult time. I want to thank all of you,” she said after getting emotional meeting his son, brother and husband today after almost 5 months.
“Only politics is responsible for this situation. The country knows that I was put in jail only because of politics, I did not make any mistake I will fight. I am a Telangana child. I am KCR’s daughter. There is no question of me committing any wrong. I am good and stubborn. I was sent to jail unnecessarily,” Kavitha said.
She further said that she would continue to work strongly for the people with commitment.
“We were always tough. We are fighters. We will fight it out legally. We will fight it out politically. By sending us to jail illegally, they have only made the BRS and KCR’s team unbreakable,” she added.
Earlier, a bench of justices BR Gavai and KV Viswanathan directed to release of K Kavitha immediately.
The top court also imposed various conditions against Kavitha, including not tampering with evidence or influencing witnesses in the matter. The top court directed her to furnish a bail bond of Rs 10 lakh each in both CBI and ED cases.
The top court also directed her to surrender her passport. The top court noted that Kavitha is behind bars for five months and the trial will take a long time to complete as there are 493 witnesses and many documents. The SC noted that the reliance is on the statements of the co-accused, who have been granted pardon and made an approver.
Meanwhile, the Supreme Court has also propounded that the fundamental right of liberty provided under Article 21 of the Constitution is superior to the statutory restrictions and reiterated that prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial.
The observation was made by a bench of justices BR Gavai and KV Viswanathan when it allowed the bail plea of BRS leader K Kavitha on Tuesday. The detailed order copy was released on Wednesday.
“We had also reiterated the well-established principle that “bail is the rule and refusal is an exception”. We had further observed that the fundamental right of liberty provided under Article 21 of the Constitution is superior to the statutory restrictions,” the top court said on August 28’s order.
“Relying on the various pronouncements of this CBI, ED K Kavitha Delhi Excise policy case, BRS leader K Kavitha gets Bailout, we had observed in the case of Manish Sisodia (supra) that the prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial,” the top court said.
The top court further opined that the proviso to Section 45(1) of the PMLA would entitle a woman to special treatment while her prayer for bail is being considered.
The top court also took strong exception to the Delhi High Court ruling which denied the benefit of the proviso to Section 45(1) of the PMLA to Kavitha and came to a “heartening conclusion” that the appellant Kavitha is highly qualified and a well-accomplished person.
The top court further observed that nowadays educated and well-placed women in society engage themselves in commercial ventures and enterprises and advertently or inadvertently engage themselves in illegal activities.
The apex court therefore cautions that the courts, while deciding such matters, should exercise the discretion judiciously using their prudence. (ANI)
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