K. Kavitha, a prominent political figure, has been denied interim bail in connection with the Delhi Excise Policy case. The Enforcement Directorate, represented by Advocate Zoheb Hossain said ‘We are on the cusp of a major breakthrough. Granting any temporary relief will disrupt the investigation. She holds significant influence and could potentially influence others involved,’ it was contended.”
NEW DELHI: Today (8th April): Bharat Rashtra Samithi (BRS) leader K Kavitha was denied interim bail by a Delhi court in the Delhi excise policy case. Kavitha’s arrest on March 15, after an Enforcement Directorate (ED) investigation, has made her one of the highest-profile politicians to be arrested in connection with the case. The allegations revolve around a conspiracy to manipulate the now-repealed Delhi Excise Policy for 2021-22, facilitating money laundering and benefiting specific liquor lobby groups.
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On Monday, Special Judge (PC Act) Kaveri Baweja of the Rouse Avenue Courts rejected Kavitha’s plea for interim bail. The court had reserved the order on April 4. Kavitha, who has consistently maintained her innocence, is currently in judicial custody at Tihar Jail. Delhi Chief Minister Arvind Kejriwal and former Delhi Deputy Chief Minister Manish Sisodia are among the other political figures arrested in connection with the case.
According to the Enforcement Directorate, Kavitha is linked to a liquor traders’ lobby known as the “South Group,” which sought to exert influence under the excise policy. Vijay Nair, one of the accused in the case, allegedly received kickbacks amounting to at least Rs100 crores on behalf of AAP leaders from the “South Group,” purportedly controlled by Sarath Reddy, K Kavitha, and Magunta Srinivasulu Reddy.
He argued that the son of the accused is taking exams and would need his mother’s emotional support.
“The child is not a toddler. He is 16 years old but the issue here is of emotional support of the mother. Think of the shock of the arrest of mother on child,” Singhvi said.
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Kavitha continues to assert her innocence and has counter-alleged that the Central Government is misusing the Enforcement Directorate to gain an advantage in Telangana. Senior Advocate Abhishek Manu Singhvi, highlighted the proviso to Section 45 of the Prevention of Money Laundering Act (PMLA) during the bail hearing.
Singhvi argued that the emotional support of Kavitha as a mother to her 16-year-old son, who is currently appearing for exams, should be taken into consideration.
“He also mentioned Prime Minister Narendra Modi’s talks on All India Radio regarding the stress children face during exams. ‘The Prime Minister addresses the issue of exam stress on the radio… This stress is a real issue. The viewpoint of the mother cannot be replaced by that of the father or sister. Nor can it be replaced by an aunt,’ he stated.”
” Further, he also asserted that Kavitha’s spouse is currently engaged in a legal fight in Delhi. ‘The presence of a mother creates a conducive environment. The ED argues that the son is 16 and has a father and an uncle, but that doesn’t replace a mother. The boy’s father is already embroiled in legal proceedings in Delhi, while the child resides in Telangana,’ he remarked.”
The Enforcement Directorate, represented by Advocate Zoheb Hossain, opposed Kavitha’s plea for interim bail. Hossain argued that the exception to women under the proviso to Section 45 of the PMLA is intended for women who lack agency, and not for a prominent politician like Kavitha.
‘It does not apply to a woman who is actively involved in public life and holds a prominent political position in the state,’ he stated.”
He further claimed that Kavitha played a major role in the bribery scheme, backed by corroborating evidence such as documents and WhatsApp chats. The ED also alleged that Kavitha had tampered with evidence, including deleting data from her mobile phone.
“Hossain also emphasized that Kavitha is a key accused in the case. ‘The individual in question plays a central role in facilitating bribes and benefits indirectly through proxies.
“He also asserted that Kavitha tampered with evidence, including erasing data from her mobile phone. ‘The court will need to assess the level of her involvement and the evidence against her. I have a forensic report that demonstrates how evidence was tampered with. She deleted data from her phone, particularly on the day she received the summons. There was a lack of data in apps such as FaceTime. On March 11, she promised to submit her phone on the next court date but instead produced nine phones, all formatted. Initially denying responsibility, she later avoided direct answers when pressed. The forensic analysis confirms that the phones were formatted after March 11,’ Hossain argued.”
‘We are on the cusp of a major breakthrough. Granting any temporary relief will disrupt the investigation. She holds significant influence and could potentially influence others involved,’ it was contended.”
“In this context, Hossain also claimed that the accused had made attempts to influence witnesses. ‘We want to emphasize that there are efforts to influence witnesses, including attempts to coerce them into retracting their statements. A witness has come forward and reported being pressured. Additionally, there is evidence of tampering with evidence,’ it was stated.
Regarding Kavitha’s son’s exams, it was mentioned,
“Seven out of twelve papers for her son are already completed. He is not without support; he has a father and an older brother. The young man is not alone.”
The ED contends that granting bail to Kavitha at this stage could impede the ongoing investigation. The agency claims to be on the verge of a major breakthrough and has raised concerns about witness tampering and destruction of evidence. Meanwhile, Kavitha’s legal team maintains her innocence and highlights the need for emotional support for her son during his exams.
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