[Breaking] Delhi Court Reserves Order on Cognizance of ED’s Chargesheet Against K Kavitha and Others

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The Special Judge Kaveri Baweja, after extensive submissions by Special Public Prosecutors Naveen Kumar Matta and Simon Benjamin, has scheduled the pronouncement of the order for May 29, 2024. The court has also set on May 28, 2024, for the consideration of the chargesheet filed against Delhi Chief Minister Arvind Kejriwal and the Aam Aadmi Party (AAP).

New Delhi: Today (On May 21): The Rouse Avenue Court reserved its order on the cognizance of the Enforcement Directorate’s (ED) supplementary prosecution complaint filed against BRS leader K Kavitha and several others.

The Special Judge Kaveri Baweja, after extensive submissions by Special Public Prosecutors Naveen Kumar Matta and Simon Benjamin, has scheduled the pronouncement of the order on May 29, 2024.

The court has also set on May 28, 2024, for the consideration of the chargesheet filed against Delhi Chief Minister Arvind Kejriwal and the Aam Aadmi Party (AAP).

The ED recently submitted a supplementary chargesheet in the Excise Policy money laundering case at Rouse Avenue Court. The chargesheet names K Kavitha along with other accused, including Chanpreet Singh, Damodar, Prince Singh, and Arvind Kumar. This case pertains to the alleged money laundering connected to the now-scrapped Excise policy of Delhi.

The Delhi High Court issued notices to the ED and CBI regarding bail petitions filed by K Kavitha. Justice Swarna Kanta Sharma set the date on May 24, 2024, for detailed arguments in these matters.

In her bail plea, K Kavitha argued that she has been unfairly implicated in the scandal by members of the ruling party at the Centre. She asserted that the ED’s case is based solely on statements made by approvers, witnesses, or co-accused under Section 50 of the PMLA, without any corroborating documents. Kavitha claimed that her arrest violated Section 19 of the PMLA, as no concrete evidence of a cash transaction or money trail was presented.

Earlier, CBI, through a remand application, stated that

“Kavitha Kalvakuntla was required to be arrested in the instant case to conduct her custodial interrogation for confronting her with the evidence and witnesses to unearth the larger conspiracy hatched among the accused, suspect persons regarding the formulation and implementation of the Excise Policy, as well as to establish the money trail of ill-gotten money generated and to establish the role of other accused/suspect persons, including public servants, as well as to unearth the facts which are in her exclusive knowledge.”

On May 6, 2024, the Rouse Avenue Court dismissed the bail petitions moved by K Kavitha in connection with the CBI and ED cases related to the Excise Policy case. She was arrested by the ED on March 15, 2024, and by the CBI on April 11, 2024.

The CBI, in its remand application, stated that Kavitha’s custodial interrogation was necessary to confront her with evidence and witnesses to uncover the broader conspiracy and money trail associated with the Excise Policy’s formulation and implementation.

The ED and CBI allege that significant irregularities were committed in modifying the Excise Policy, including extending undue favours to license holders, waiving or reducing license fees, and extending L-1 licenses without proper authority. The investigations claim that illegal gains were funneled to accused officials and disguised through falsified accounting entries.

One specific allegation involved the Excise Department’s decision to refund an earnest money deposit of approximately Rs 30 crore to a successful tenderer against the set rules. Additionally, a waiver on tendered license fees was allegedly allowed from December 28, 2021, to January 27, 2022, due to COVID-19, leading to an estimated loss of Rs 144.36 crore to the exchequer.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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