A Delhi court on Monday refused bail to Bharat Rashtra Samithi (BRS) leader K Kavitha in the case registered by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) regarding the alleged irregularities in the Delhi liquor excise policy 2021-22 case.
Special judge Kaveri Baweja dismissed the two bail applications moved by the 46-year-old MLC from Nizamabad.
She had filed the bail application in the ED case on March 23 and in the CBI case on April 15.
Kavitha had approached the court seeking relief on the grounds that all the rules and principles of natural justice were violated when she was arrested by the CBI.
It was also pointed out that when ED had arrested her, it was after sunset and no transit remand was taken to produce her before the Delhi Rouse Avenue court despite arresting her from her Hyderabad residence.
It was argued on behalf of her that initially, CBI was issuing summons to her under section 160 of the Code of Criminal Procedure (CrPC) in the capacity of a witness.
However, in February 2024, she was served a notice under section 41A CrPC, as a suspect in the case.
Kavitha’s counsels had further averred that she was apprehended by the agency based on the statements made by the other co-accused in the matter which were recorded months before she was arrested, pointing out that there was no necessity to arrest her as the agency had procured evidence earlier, but she was arrested now.
It was further pointed out that she is a star campaigner for her party in the upcoming Lok Sabha polls in Telangana and if bail is not granted, she will be devoid of her right.
CBI had opposed the plea stating that she was arrested after following the due process of law.
It was claimed by the agency that they had gone and interrogated her while she was in judicial custody with the permission of the court and then arrested her, which was also done after taking permission.
ED, on the other hand, stated that she was arrested from Hyderabad at 5:20pm and the sunset took place at 6:26pm at the exact latitude and longitude, at the place where she was arrested pointing out to the fact that she was arrested before sunset.
They also stated that ED being a central agency is not bound by territorial jurisdiction unlike the state police, and no transit remand was required as Kavitha was produced before the court within the stipulated time of 24 hours of her arrest.
The agencies had also said that she is one of the key conspirators and does not satisfy the triple test for the grant of bail further highlighting that she was actively involved in destruction of mobile phone and influencing the witnesses.
Special judge Baweja had earlier on April 8 dismissed an interim bail application moved by her citing her minor son’s examination while noting that the materials placed on record show her “active involvement” in the offence and that she was involved in destruction of evidence and influencing the witnesses.
The daughter of Telangana’s former chief minister, K Chandrashekhar Rao, was arrested by the CBI on April 11, while she was lodged in Tihar Jail under judicial custody in the parallel case registered by the ED.
She was initially apprehended by ED on March 15 in the money laundering case and was sent to judicial custody on March 26.
The agencies have alleged that Kavitha is one of the key persons involved in arranging and providing kickbacks of approximately ₹100 crore to the Aam Aadmi Party (AAP) to get favourable provisions added to the now scrapped policy.
The CBI had earlier on April 6 interrogated Kavitha in Tihar jail after obtaining permission from the court.
However, according to CBI, she did not give satisfactory replies to their questions and gave evasive answers despite being confronted with the evidence.
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