Supreme Court Upholds Liberty, Grants BRS Leader Kavitha Bail

The Supreme Court emphasized that the fundamental right of liberty under Article 21 of the Constitution supersedes statutory restrictions. The court granted bail to BRS leader K Kavitha, stressing that prolonged pre-trial incarceration constitutes punishment without a verdict. The court also criticized the Delhi High Court's denial of special treatment provisions for Kavitha.

The Supreme Court has underscored that the fundamental right of liberty enshrined in Article 21 of the Constitution takes precedence over statutory restrictions. The court reiterated that prolonged incarceration before a guilty verdict amounts to punishment without trial.

This observation came from a bench comprising justices BR Gavai and KV Viswanathan, who granted bail to BRS leader K Kavitha on Tuesday. The detailed order was published on Wednesday.

Justice Gavai noted, "We had reiterated the principle that 'bail is the rule, and refusal is an exception'." The court criticized the Delhi High Court for misinterpreting Section 45(1) of the PMLA and emphasized the need for judicious discretion, particularly for vulnerable persons and women.

The Supreme Court further explained that educated and well-positioned women might inadvertently engage in illegal activities and should be treated with sensitivity. The apex court urged lower courts to exercise prudence when adjudicating such cases.

(With inputs from agencies.)