Delhi Excise Policy Case: Court extends ED’s remand of BRS MLC K Kavitha till March 26

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Kunti Surender

A Delhi court has extended the custody of Bharat Rashtra Samithi (BRS) MLC K Kavitha by the Enforcement Directorate (ED) until March 26 in relation to her arrest on March 15 in connection with the Delhi excise policy case.

Despite the ED’s appeal for a five-day extension, Kavitha, who was initially remanded to a week-long ED detention, received an extension today for an additional three days. Following arguments from special lawyer Zoheb Hossain for the ED and attorney Nitesh Rana for Kavitha, this ruling was made at the Rouse Avenue Court.

The court, however, acceded only to three more days of custody, culminating on March 26, Tuesday. Shedding light on the progress of the investigation, special counsel Hossain stated, “Kavitha has been confronted with statements, and evidence suggests her involvement in a conspiracy to facilitate kickbacks amounting to ₹100 crores. Furthermore, analysis of her mobile phone data reveals instances of data deletion during the ED’s investigation.”

Hossain further indicated that Kavitha’s nephew had been summoned multiple times regarding his alleged role in utilizing the proceeds of crime but has been uncooperative. “In light of his non-cooperation, searches are being conducted at various locations,” Hossain added.

Kavitha’s attorney informed the court of her request for bail in the interim. The ED’s attorney objected to this action, stating that a bail plea cannot be accepted at this point in the proceedings.

The Enforcement Directorate (ED) in Hyderabad has been conducting searches at the homes of Kavitha’s relatives, Meka Sharan and Akhila, since Saturday morning. These searches covered around seven locations, focusing on businesses affiliated with Kavitha’s commercial interests and engaging members of her company operations.

Earlier on Friday, the Supreme Court refused to entertain K Kavitha’s bail plea in the Delhi excise policy case and asked her to move the trial court with the direction that if the bail application filed will be decided expeditiously.
A bench of justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi remarked that it has to follow a uniform policy for all and can’t allow people to approach the top court directly for bail as they are political people.

The court said that BRS leader K Kavitha could move the trial court or invoke any other remedy for the grant of bail. The court directed that if a bail application is filed then it should be decided expeditiously.K Kavitha, through her advocate P Mohith Rao, moved the Supreme Court on Monday challenging her arrest by the Enforcement Directorate in a money laundering case relating to Delhi excise policy irregularities.

Kavitha, who was arrested by an ED team on March 15, is in ED’s custodial interrogation for seven days till today. She was arrested after a search operation conducted at Kavitha’s residence in Hyderabad on the same day.
The BRS leader in her petition has also challenged her remand as well and said the remand order doesn’t adhere to Article 141 which states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. K Kavitha in her plea also challenged section 19 (1) of the PMLA Act.

Earlier, the Enforcement Directorate claimed on Monday that BRS MLC K Kavitha allegedly conspired with the top leaders of Aam Aadmi Party (AAP) including Arvind Kejriwal and Manish Sisodia to get favours in the Delhi Excise policy formulation and implementation, and she was involved in paying Rs 100 crore to the AAP leaders in exchange for these favours.

ED’s claims came three days after it arrested Kavitha, MLC of Telangana Legislative Council, in the alleged case of Delhi Liquor Policy Scam.Kavitha was arrested after a search operation conducted at Kavitha’s residence in Hyderabad on the same day. During the search proceedings, the ED officials said they were obstructed by the relatives and associates of Kavitha.

“ED investigation revealed that K Kavitha along with others allegedly conspired with the top leaders of AAP including Arvind Kejriwal and Manish Sisodia for getting favours in the Delhi Excise policy formulation and implementation,” ED claimed in a statement.

“In exchange for these favours, she was involved in paying Rs 100 crore to the leaders of AAP. By the acts of corruption and conspiracy in the formulation and implementation of Delhi Excise Policy 2021-22, a continuous stream of illegal funds in the form of kickback, from the wholesalers was generated for the AAP,” it added.
Meanwhile, Delhi CM Arvind Kejriwal was on Friday remanded to the custody of the Enforcement Directorate for seven days, i.e., till March 28, a day after he was arrested by the probe agency in connection with the Delhi Excise Policy case.

Two senior AAP leaders, Manish Sisodia and Sanjay Singh, are in judicial custody in the excise policy case. Sisodia, who was the then Delhi Deputy Chief Minister, was arrested by the CBI on February 26 following several rounds of questioning. On October 5, ED arrested Sanjay Singh, who is a Rajya Sabha member.

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