Today(on 27th May),The Delhi High Court adjourned the bail petition hearing of K Kavitha, BRC MLC, till noon on May 28 in connection with the liquor policy scam case, following counter-appeals from the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED), citing concerns over potential evidence tampering.
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NEW DELHI: Today(on 27th May), The Delhi High Court adjourned the bail petition hearing of K Kavitha, BRC MLC, till noon on May 28, in connection with the liquor policy scam case. The Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) had both submitted their counter-appeals to the court, opposing Kavitha’s release on bail, citing concerns over potential tampering with evidence, which they argued could jeopardize the integrity of the legal proceedings.
Vikram Chaudhari, the lawyer representing Kavitha, argued that the ED had submitted an undertaking in the Supreme Court, stating that no compelling action would be taken against her.
“The Enforcement Directorate (ED) has communicated with the Supreme Court, informing them that Kavitha’s writ petition is currently under consideration at the apex court and the trial has been stalled. The ED clarified that their commitment extends only until the next adjournment. However, it’s noteworthy that summonses were issued under Section 41 (A) despite the case being sub judice in the Supreme Court.”
-he contended.
Chaudhari also questioned the initial issuance of notices under Section 161 CrPc, which were later amended to Section 41 (A).
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“On the day of the Supreme Court hearing, the Enforcement Directorate (ED) team was present at Kavitha’s residence, and she was subsequently arrested.”
-he said.
The senior lawyer further revealed that when Kavitha was being held at Tihart jail, the CBI had submitted a plea to question her in judicial custody, which the court had accepted.
“However, the accused, Kavitha, was not informed about these developments.”
– he added.
According to Chaudhari, Kavitha was then taken into custody by the CBI without an arrest warrant, in accordance with the CrPc regulations. He stated that Kavitha’s statement must be considered for questioning by the CBI, as per the CrPc rules.
“The Enforcement Directorate (ED) has informed the Supreme Court that Kavitha’s writ petition is currently pending at the apex court, and the trial has stalled. The ED emphasized that their commitment extends only until the next adjournment.”
– Chaudhari argued.
The lawyer also highlighted the discrepancy in the issuance of summons, stating that they were issued under Section 41 (A) while the case was pending in the Supreme Court.
“The Enforcement Directorate (ED) team was present at Kavitha’s residence during the Supreme Court hearing, and she was subsequently arrested on the same day.”
-he revealed.
Chaudhari contended that Kavitha was taken into custody by the CBI without an arrest warrant, in accordance with the CrPc regulations, and that her statement must be considered for questioning by the CBI, as per the CrPc rules.
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