Supreme Court Seeks ED, CBI Response to K Kavitha Bail Plea in Delhi Excise Policy Case

The Supreme Court Today (August 12th) issued notice to the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) on the petitions moved by Bharat Rashtra Samithi (BRS) leader K Kavitha seeking bail in the cases related to alleged corruption in implementation of Delhi excise policy 2021-22. The Delhi High Court had on July 1 rejected the bail pleas filed by BRS leader leading to the present appeal before the apex court.

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Supreme Court Seeks ED, CBI Response to K Kavitha Bail Plea in Delhi Excise Policy Case

NEW DELHI: The Supreme Court issued a notice to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in response to petitions filed by Bharat Rashtra Samithi (BRS) leader K Kavitha, who is seeking bail in cases related to alleged corruption in the implementation of the Delhi excise policy for 2021-22.

The Bench, comprising Justices BR Gavai and KV Viswanathan, requested the central agencies to submit their responses and scheduled the matter for a hearing on August 20.

Senior Advocate Mukul Rohatgi, representing Kavitha, argued that she has been in jail for the past five months and is entitled to bail.

He also contended that Kavitha’s situation is analogous to that of Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia, both of whom have been granted bail by the Supreme Court—Kejriwal receiving interim bail and Sisodia being granted regular bail.

Supreme Court Seeks ED, CBI Response to K Kavitha Bail Plea in Delhi Excise Policy Case

The high court’s earlier ruling noted that the investigation was at a “crucial stage” and therefore, no case for granting regular bail was established at this time.

The court rejected Kavitha’s plea for bail on the grounds of her gender, stating that as a

“well-educated person and a former MP, could not be considered a vulnerable female.”

The court further emphasized that it could not overlook the “serious allegations” against her.

In its ruling, the high court asserted,

“This court is of the opinion that K Kavitha was prima facie one of the main conspirators in the criminal conspiracy hatched in relation to formulation and implementation of Delhi Excise Policy 2021-22.”

The court pointed out that material collected by the Enforcement Directorate (ED) indicated that Kavitha played a central role in the conspiracy surrounding the policy’s creation and execution.

Kavitha had previously challenged the May 6 order of a trial court that dismissed her bail applications in both the CBI’s corruption case and the ED’s money-laundering case. The allegations against her stem from purported corruption and money laundering activities in connection with the formulation and implementation of the Delhi Excise Policy.

The ED arrested Kavitha, 46, from her residence in Banjara Hills, Hyderabad, on March 15. Following her arrest, the Central Bureau of Investigation (CBI) also took her into custody while she was in Tihar Jail.

In her bail plea filed in the high court concerning the ED case, Kavitha argued that she had “nothing to do” with the excise policy and claimed that the case against her was part of a “criminal conspiracy” orchestrated by the ruling party at the Centre, in collusion with the ED.

CASE TITLE:
[Kalvakuntla Kavitha v Directorate of Enforcement].

Click Here to Read Previous Reports on K Kavitha

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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