A eminent lawful progression happened when the Incomparable Court of India toppled the Delhi Tall Court's refusal to give safeguard to K. Kavitha in connection to a cash washing case beneath the Anticipation of Cash Washing Act (PMLA). The Incomparable Court's administering is vital for its clarification of the gender-specific rules in Area 45(1) of the PMLA, particularly in connection to the extraordinary benefits given to females.
Case Background
Unmistakable lawmaker K. Kavitha had been held in care for five months due to allegations of being connected to a cash washing case related to the disputable Delhi Extract Arrangement. The ED accused her of playing a crucial role in a conspiracy with high-profile political figures. Although the accusations were serious, Kavitha's legal team, headed by Senior Advocate Mukul Rohatgi, contended that her ongoing imprisonment was unjustified as the investigation had been finished and charge sheets were already submitted.
Decision of the High Court
Despite Kavitha's impressive achievements and societal impact, the High Court of Delhi, in a decision on July 1, 2024, refused her bail as the severity of the accusations necessitated her remaining in custody. The High Court stated that the gender-based rule in Section 45(1) of the PMLA, which provides preferential treatment for women in bail decisions, was not applicable to her since she did not meet the criteria of a "vulnerable woman."
The court stated, “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.”
Supreme Court's Verdict
The court stressed that the law specifically allows for unique treatment of women without any necessary conditions. The panel, headed by Judge B.R. Gavai, observed that while caution should be taken in granting bail, conditions not specified in the law should not be imposed by the courts.
The Supreme Court made a crucial statement in their observation.
Thus, we conclude that the knowledgeable Single Judge of the High Court made a serious error in not granting the benefit of the proviso to Section 45(1) of the PMLA.
To sum up, the Supreme Court overturned the decision of the Delhi High Court and ordered for K. Kavitha to be granted bail, with certain conditions.
The defendant is ordered to be immediately released on bail for Complaint Case No.31 of 2022… upon providing bail bonds worth Rs.10,00,000/- for each case. The ruling also had conditions to prevent Kavitha from interfering with evidence, persuading witnesses, or going overseas without authorization, as she needed to surrender her passport to the trial court.
Implication of the judement
This decision could have important effects on how courts understand gender-specific clauses in the PMLA and potentially other laws. It upholds the idea that legal benefits given to specific groups, like women, should be implemented as intended by lawmakers, without extra restrictions from the courts.
The ruling by the Supreme Court highlights the significance of following the principle that bail should be commonly granted and denying it should be rare, especially in cases where extended detention could be seen as a form of punishment prior to trial. This ruling serves as an important prompt to maintain a balance between the rights of the accused and the requirements of justice, particularly when dealing with accusations under strict laws such as the PMLA.
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