The Rouse Avenue court on Thursday reserved its order on interim bail of Bharat Rashtra Samithi MLC K Kavitha for April 9. She is in judicial custody after arrest in the alleged Delhi Excise policy money laundering case.
Kavitha has sought interim bail on the grounds that her son has an exam.
Her bail application was opposed by the counsel for ED who argued that Kavitha “destroyed the evidence” in her phone and witnesses were forced to retract from their statement.
Special judge Kaveri Baweja reserved the order after hearing arguments of senior advocate Abhishek Manu Singhvi who appeared for the accused and Special Counsel Zoheb Hossain for the Enforcement Directorate (ED).
K Kavitha has moved an application seeking interim bail in view of the examination of her minor son. Advocate Nitesh Rana and Deepak Nagar also appeared for her.
At the outset, it was argued that being a woman the rigors of twin condition under section 45 PMLA do not apply to K Kavitha.
Senior advocate Abhishek Manu Singhvi submitted “When a person falls under exceptions, twin condition does not apply to that person.”
As per section 45 of PMLA, women fall under the category of ‘exceptions’ for granting bail by the court, Singhvi added.
Singhvi further submitted that there is no flight risk when the passport is submitted.
He further submitted that the accused has a minor child whose exams are in this month.
“Her Child is 16. It is the question of moral emotional support in this situation. There is an Exam anxiety. PM gives a lecture on the radio on how to cope with exam anxiety,” Singhvi added.
“The perspective of the mother cannot be substituted by the father or other family member. The father is the one who is managing the legal battle in Delhi and the child is in Telangana,” the senior advocate argued.
On the other hand, the bail application was opposed by advocate Zoheb Hossain, Special Counsel for ED.
He submitted that The proviso related to bail under section 45 of PMLA should be exercised judiciously.
Exceptions are not for women leading politicians in the state.
He further submitted that she was a beneficiary in Indospirit and Arun Ramchandra Pillai was his proxy in the company.
“I am not relying on the statement only. I have WhatsApp chat and other evidence,” Hossain asserted.
On being asked to show the material, the investigation officer showed some documents to the court.
Hossain argued that Kavitha was involved in “destruction of evidence and influencing witnesses.”
Special counsel Zoheb Hossain said that he has the case diary and FSL report which shows how this was done, further alleging that the accused deleted the evidence in her phone
“She deleted data and content on the date she was issued summons. No data was found in the App like FaceTime. She deleted evidence in her mobile,” Hossain submitted.
ED’s Counsel submitted that on March 11, when she was confronted, she evaded the question. Hossain submitted that on 11 March she said she would produce the phone on the next date.
“Though she produced nine mobile phones. These phones were formatted. On asking about this, she was evasive.
The forensic report shows mobile phones were formatted after 11 March,” the counsel said.
“On March 14 and 15, she deleted data from four mobile phones. These phones were tampered with by her.
These phones were completely wiped out and it was revealed after offering to provide a copy of the phones. It is not the first time this has happened. More than 100 devices have either disappeared or wiped out,” ED’s counsel argued
Hossain submitted that this phone were formatted before being handed over which shows the destruction of evidence
ED’s Counsel further submitted that Arun Ram Chandra Pillai was the proxy of K Kavitha in Indosprit.
Hossain submitted that “We (ED) are at the stage of making a major breakthrough. Any interim relief will derail the probe. She is very influential and will influence the people.”
Hossain said that there are witnesses who have been called upon and forced to retract their statements. There are some statements which have been retracted. Her CA retracted the statement.
He also referred to the statement of Arun Pillai of November 11, 2022. Pillai is the proxy of Kavitha in Indospirit.
Four months later, he confirmed his statement. He was arrested on December 6, 2022. At the time of production, there was no threat or coercion
ED’s special counsel argued that the time of retraction is most important in this case on March 9, 2023, on the grounds of coercion.
Hossain said that the summons was issued to K Kavitha on March 7, 2023, thereafter he retracted his statement and after 118 days he realised that he was coerced.
He further said that she was part of a conspiracy to pay the bribe, there is a large number of evidence.
“Young man (Kavitha’s son) is not alone, he has elder brother, his father and three masis (aunts) are there to provide support,” Zoheb Hossain argued.
The counsel for the accused is not asking for interim bail as she is a woman but on the ground that her son has an exam, Hossain added. He further submitted that 7 out of 12 papers are already over.
“There is not a single medical document to show that there is any exam anxiety. It is general arguments, it should be rejected,” he said.
Singhvi rebutted saying that the child’s elder brother stayed for three days and then went back to Spain, adding that the moral, and emotional support by the mother cannot be substituted by any other person.
The child’s father is managing a legal battle in Delhi, Singhvi said.
“An exam anxiety does not need to be a medical condition. It is an extraordinary argument that before the mother can join, the child has to be psychologically examined, he added. If this is not the ground for interim bail, then what will be,” he questioned.
(With inputs from ANI)
