The Delhi high court on Thursday sought the response of the Central Bureau of Investigation (CBI) on a bail petition filed by Bharat Rashtra Samithi (BRS) leader K Kavitha in connection with Delhi liquor excise policy 2021-22 case.
The bench of justice Swarana Kanta Sharma also sought the probe agency’s response in her other plea seeking to declare the entire proceedings leading to her arrest by the CBI as illegal and scheduled her pleas for May 24.
She was arrested by the CBI on April 11, while she was lodged in Tihar Jail under judicial custody in the parallel case registered by the Enforcement Directorate (ED).
The plea highlighted that ED and CBI have acted in connivance with each other to illegally arrest her and have continually adopted a tactic of selectively leaking misleading information to the press and the media for linking Kavitha to the alleged excise policy case.
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The BRS leader approached Delhi high court eight days after her bail application was rejected by the city court.
On May 6, the city court while rejecting her bail had ruled that her role “prima facie” appeared as that of a key conspirator of the criminal conspiracy hatched for the purpose of collection and payment of upfront money to Aam Aadmi Party (AAP) through co accused for getting favorable provisions in the Delhi excise policy.
Rejecting Kavitha’s contention that she was arrested by the CBI solely for non cooperation in the probe to giving evasive replies adding that her arrest was illegal, the court remarked that she could not be permitted to pick and choose only a certain portion of the application and the arrest memo.
In her bail application, daughter of Telangana’s former chief minister, K Chandrashekhar Rao, stated that the CBI has solely relied upon the statement of the approvers or their relatives/associates/employees/, claiming that the same is a part of a larger conspiracy to malign her image and deprive her from campaigning in the ongoing general elections.
“The arrest and continuous incarceration of the applicant is an attempt to attack the democratic structure of this great country. If the applicant’s illegal custody is allowed to be extended, it will not only be a violation of fundamental rights of the applicant but also a breach of democratic structure of this great nation,” the plea read.
The BRS leader had claimed that though the probe agency till now has filed one chargesheet and two supplementary chargesheet arraying 16 accused, she has not been arraigned as an accused in any of the chargesheet or the supplementary chargesheet filed by the CBI.
To be sure, the high court on May 10 also sought ED’s response in her plea seeking bail in the money laundering case.
On the same day, the ED had filed a fresh chargesheet in the Delhi excise policy case, naming Kavitha, an accused among other alleged associates.
The CBI had earlier on April 6 interrogated Kavitha in Tihar jail after obtaining permission from the court.
However, according to the CBI, she did not give satisfactory replies to their questions and gave evasive answers despite being confronted with the evidence.
