#Breaking [Delhi Excise Scam] Delhi Court to Decide K Kavitha’s Bail Plea on May 6

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A Delhi court is to decide on the bail plea of K Kavitha in the Delhi Excise Scam case on May 6. K Kavitha is seeking bail in connection with the excise policy case.

NEW DELHI: Today (2nd May): The Rouse Avenue court in Delhi postponed its decision on the bail application submitted by Bharat Rashtra Samithi (BRS) leader K Kavitha regarding the Delhi excise policy case, which is currently being investigated by the Central Bureau of Investigation (CBI). The court has decided to announce its verdict on both the CBI and Enforcement Directorate (ED) cases on the same day, May 6.

K. Kavitha, in her plea, has emphasized that there is no risk of evidence tampering or trial prejudice in the present matter. She has deep roots in society, poses no flight risk, and has actively cooperated with the investigation. Furthermore, she claims that the CBI has relied solely on statements made by approvers or their relatives, associates, or employees, which she believes is part of a larger conspiracy to tarnish her reputation and hinder her campaign activities during the ongoing general elections.

According to Kavitha’s plea, her arrest was unnecessary and primarily aimed at preventing her from participating in the ongoing general elections. She argues that non-cooperation should not be a valid reason to arrest an accused, and the mere assertion by the arresting officer that she did not meet their expectations should not justify her arrest under any circumstances.

on 22nd April, The Rouse Avenue Court in Delhi reserved its order regarding the bail plea of K Kavitha, a prominent leader of the Bharatiya Rashtra Samithi (BRS)The plea is related to a CBI case concerning the Excise PolicySpecial Judge Kaveri Baweja scheduled the pronouncement of the order on May 2

In the bail plea, it is alleged that the ruling party at the center is utilizing investigative agencies to publicly link the petitioner to the Delhi Excise Policy. This is being done to facilitate further coercive actions against her. However, the investigating agencies are well aware that there is no substance to the allegation of the petitioner’s involvement in the alleged scam.

The primary motive behind the purported investigation is to tarnish the reputation of the petitioner and her father, the former Chief Minister of Telangana, for political gain in the upcoming 2024 general elections.


Background

K Kavitha, a BRS leader, was arrested by the Central Bureau of Investigation (CBI) while in judicial custody for an Enforcement Directorate (ED) case. The CBI’s remand application mentioned the necessity of her arrest for custodial interrogation to establish the larger conspiracy related to the formulation and implementation of the Excise Policy. It also aims to uncover the money trail of illicitly obtained funds and the involvement of other accused individuals, including public servants.

The ED had previously arrested K Kavitha, a Member of the Legislative Council (MLC) in Telangana, on March 15 in connection with the alleged liquor policy scam. The CBI initiated its inquiry based on the Delhi Chief Secretary’s report, which highlighted prima facie violations of various acts and rules governing the Excise Policy.

CBI remand application stated that Kavitha Kalvakuntla’s arrest was necessary for her custodial interrogation to confront her with evidence and witnesses, uncovering a broader conspiracy related to the formulation and execution of the Excise Policy. Additionally, it aimed to trace the money trail of illegally obtained funds and establish the involvement of other accused individuals, including public servants, as well as reveal information exclusive to her knowledge.

The CBI and the ED have alleged irregularities in the modification of the excise policy, including granting undue favors to license holderswaiving or reducing license fees, and extending the L-1 license without proper approval. The beneficiaries of these actions allegedly diverted illegal gains to the accused officials and manipulated their account books to evade detection.

According to the allegations, the Excise Department decided to refund approximately Rs 30 crore as earnest money deposit to a successful tenderer, violating the established rules. Furthermore, due to the COVID-19 pandemic, a waiver on tendered license fees was allowed between December 28, 2021, and January 27, 2022, despite the absence of a legal provision. The probe agencies claim that these actions resulted in an alleged 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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