Supreme Court's 'fairness' rap to CBI, ED in Delhi excise policy case: 'Can't pick, choose'

Delhi excise policy case: The court said it was "sorry to see this state of affairs".

The Supreme Court admonished the Central Bureau of Investigation(CBI) and the Enforcement Directorate (ED) in connection with the Delhi excise policy case on Tuesday, questioning the “fairness of their probe”. Shortly after granting bail to BRS leader K Kavitha, who had been in jail since mid-March, the court made critical observations over a witness, saying the “prosecution has to be fair”.

The Supreme Court of India. (ANI Photo)

The court said it was "sorry to see this state of affairs".

Referring to statements made by one of the witnesses, the court said: “You will pick and choose anyone?”

The court further commented that a person who incriminated himself had been made a witness.

"The prosecution has to be fair. You can't pick and choose anyone. What is this fairness? A person who incriminates himself has been made a witness," the bench said.

"Tomorrow you will pick up anyone as you choose and leave anyone as you choose as an accused? Very fair and reasonable discretion," it added.

When additional solicitor general SV Raju, appearing for the CBI and ED, referred to some witnesses who alleged the BRS leader's involvement in the alleged scam, the court told him that it would be compelled to make observations about the fairness and impartiality of the probe agencies.

"If you want those observations, you argue more," the court added.

Earlier, Kavitha's lawyer, senior advocate Mukul Rohatgi, said she should be released on bail because the probe against her was complete and the charge sheet was filed.

The agency's lawyer, however, claimed she had destroyed her mobile phone which was tantamount to tampering with evidence.

Rotatgi called the charge bogus. He claimed the politician had given her old phones to her staff and she upgraded to new equipment.

K Kavitha was arrested on March 15. She was released last night.

With inputs from PTI