A Delhi court on Monday denied interim bail to Bharat Rashtra Samithi (BRS) leader K Kavitha, who has been arrested by the Enforcement Directorate (ED) in connection with alleged irregularities in the Delhi excise policy 2021-22, noting that prima facie, the proof demonstrates her active participation in the alleged offence and “deliberate” act of causing destruction of evidence.
Read here: BRS leader K Kavitha’s interim bail plea dismissed by Delhi court in excise policy case
“The material placed before this court in the course of arguments prima facie points towards her active involvement in commission of the alleged offences as also towards her deliberate act of causing destruction of evidence, besides attempting to influence witnesses of the case,” special judge Kaveri Baweja said in her order.
Kavitha, the daughter of former Telangana chief minister K Chandrasekhar Rao, was arrested by ED from her Hyderabad residence on March 15. She is currently lodged in Tihar jail under judicial custody, which is coming to an end on April 9.
The court was hearing an interim bail application moved by Kavitha’s legal team, which cited the school examination of her 16-year-old son, and a provision under the Prevention of Money Laundering Act (PMLA) that allows the release of women accused under the Act on bail.
However, the court turned down her arguments regarding the exams of her minor son observing that the child has an older sibling, a father and maternal aunts, and there is no apparent reason as to why these close relatives cannot provide the requisite moral support to the child during his examinations. The court also noted that Kavitha’s older son, who is 19, is currently studying in Spain.
“If one son of the applicant can study abroad without his parents being physically present with him, it does not appeal to reason as to why the younger son, who has the comfort of his home and presence of his above noted relatives, cannot take examinations without the physical presence of his mother,” the court said.
The court further rejected Kavitha’s argument that she be granted bail under the PMLA provision, stating that Kavitha cannot be considered a “vulnerable” woman, underlining that the BRS leader is “well-educated” and a “well-placed woman in the society”.
Separately, Kavitha has also moved a regular bail application before the court, which has been listed for hearing of arguments on April 16.
The primary allegation against Kavitha revolves around her alleged involvement with the “South Group” that purportedly paid kickbacks worth ₹100 crore to Aam Aadmi Party (AAP) leaders in exchange for preferential treatment in securing retail zones under the excise policy 2021-22.
Read here: Delhi court allows CBI to quiz Kavitha in excise case
Additionally, Kavitha is also under scrutiny by the Central Bureau of Investigation (CBI), which issued a summons to her last month in connection with the case. Despite the summons, Kavitha cited an exemption granted by the Supreme Court and did not appear before the agency. However, last week, CBI obtained permission from the court to interrogate her during her judicial custody.
