Anti-Corruption, White Collar Crimes And Investigations Practice | October 2024 - Judicial Discourse

Judicial Discourse

• The Supreme Court of India ("Supreme Court") in Kalvakuntla Kavitha vs. ED¹ granted bail to an accused in the case of the ED relating to the Delhi Excise Policy Scam, setting aside an order of the Delhi High Court ("Delhi HC").² The Supreme Court held that since proviso to Section 45(1) of the PMLA specifically provides for special treatment for a certain category of accused, namely women, hence, while denying such a benefit, the court will be required to give specific reasons for denial of such benefit. It further set aside the interpretation of the Delhi HC that such proviso was only applicable to 'vulnerable women'. The Supreme Court reiterated the principle that prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial.