Kavitha’s lawyer, Advocate Nitesh Rana, argued that the chargesheet has been filed and cognizance has not been taken by the court yet, and therefore, the court cannot extend her custody, and she is entitled to be released
NEW DELHI: On Monday (20th May): The Rouse Avenue court in Delhi extended the judicial custody of Bharat Rashtra Samithi (BRS) leader K Kavitha in the Delhi excise policy case until June 3. The custody was extended in cases being probed by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).
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Kavitha’s lawyer, Advocate Nitesh Rana, argued that the chargesheet has been filed and cognizance has not been taken by the court yet, and therefore, the court cannot extend her custody, and she is entitled to be released.
He also called her custody after May 13, when the chargesheet was filed against her, “illegal” and questioned under which provision of the Code of Criminal Procedure the probe agency is seeking further judicial custody.
The ED’s counsel, however, responded that the court is empowered to extend custody under Section 167 CrPC and post-cognizance under Section 309 CrPC. The court further asked Kavitha’s counsel,
“Your bail application is pending? Then what should be done according to you?” to which Advocate Rana replied that Kavitha should be released.
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The Delhi High Court had earlier issued a notice to the CBI on the bail plea filed by Kavitha.
A bench of Justice Swarna Kanta Sharma will hear bail pleas filed by the BRS leader in both the CBI and ED cases on May 24.
Kavitha, in her bail plea, stated that she has “nothing to do” with the excise policy and that there is a criminal conspiracy against her “orchestrated by the ruling party at the Centre with the active connivance of the Enforcement Directorate.”
Background
The ED had arrested Kavitha from her Hyderabad residence on March 15, and she was in judicial custody in the case. The CBI had later arrested her in Tihar jail. The central probe agency has alleged that Kavitha was a key member of the ‘South Group’ that has been accused of paying the Aam Aadmi Party (AAP) alleged kickbacks of Rs 100 crore in return for a big share of liquor licences in the national capital, as part of the now-scrapped Delhi excise policy for 2021-22.
K. Kavitha was previously remanded to judicial custody until April 23, 2024, by the Rouse Avenue Court. The ED’s investigation revealed that Kavitha, along with others, conspired with top leaders of the Aam Aadmi Party (AAP), including Arvind Kejriwal and Manish Sisodia, to obtain favors in the formulation and implementation of the Delhi Excise Policy. In return for these favors, she was allegedly involved in paying Rs. 100 crore to AAP leaders.
The ED has filed one prosecution complaint and five supplementary complaints in the case. As a result of the investigation, assets worth Rs. 128.79 crore have been traced and provisionally attached through attachment orders issued on January 24 and July 3, 2023.
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The CBI inquiry was initiated based on the findings of a report by the Delhi Chief Secretary, which indicated prima facie violations of various acts and rules related to the Delhi Excise Policy. Both the ED and the CBI have alleged irregularities in the modification of the excise policy, extension of undue favors to license holders, waiver or reduction of license fees, and unauthorized extensions of L-1 licenses, resulting in financial losses and wrongful gains.
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