NEW DELHI: The Supreme Court on Monday sought a detailed response from the CBI and ED by August 20 on the bail plea filed by the Bharat Rashtra Samithi (BRS) leader, K Kavitha in connection with the Excise policy case.
Former Attorney General and senior lawyer, Mukul Rohatgi, appearing for Kavitha, sought bail on the ground that she was in jail for around 5 months. "She is entitled for bail. This is covered by lordships judgments in Arvind Kejriwal and Manish Sisodia case," Rohatgi pleaded to the apex court bench.
Hearing this, the SC's two-judge bench, led by Justice BR Gavai and Justice KV Viswanathan issued notice to the ED and CBI and asked them to file their detailed response.
The accused, Kavitha had knocked the doors of the top court, after the Delhi High Court rejected her petition on July 1 in the excise policy case.
The Delhi HC judge, Justice Swarna Kanta Sharma, in her order said that there was no merit in the prayer filed by the accused seeking bail in the case.
On May 6, the Special Judge of CBI and ED cases, of the Rouse Avenue Court here in Delhi, Judge Kaveri Baweja rejected her bail plea in the excise case, forcing her to move an appeal before the Delhi HC seeking bail.
"Kavitha involved in the exchange of bribes and the laundering of money"
The accused, Kavitha was arrested by the ED on March 15 from her residence in Hyderabad. Subsequently, the CBI also took her into its custody on April 11 in the same case. Kavitha, 46, the daughter of the former Chief Minister of Telanagana, K Chandrashekar Rao, claimed innocent in the Delhi Excise Policy scam case. She said that her arrest was a blatant misuse of power used by the ED.
The two central probe agencies -- CBI and ED -- have claimed that she was involved in the exchange of bribes and the laundering of money in connection with the Delhi Excise Policy.
The trial court dismissed her bail on the ground that there were sufficient materials against her to proceed in the case.
"Prima facie there appeared to be sufficient material against the accused. In the light of the discussion, the material on record and the seriousness of allegations against the accused, this court is not inclined to admit the applicant on bail at this stage,"Judge Baweja said in her order.
"Kavitha has been instrumental in influencing witnesses. There is a chance for her influencing witnesses if she is allowed to be released on bail," she said in her order.
Opposing the bail plea, the Enforcement Directorate (ED) which is the central probe agency in the case, claimed before the court that Kavitha allegedly destroyed material evidences and influenced witnesses in the case.
The agency had alleged that Kavitha is a key member of the "South Group", which has been accused of paying the ruling AAP in Delhi kickbacks of Rs 100 crore in return for a big share of liquor licences in the national capital.
She, in her bail plea, said that her arrest was a blatant violation of law, it is illegal, unconstitutional and unwarranted in law.
It is to be noted that the ED is thoroughly investigating Kavitha's role in allegedly influencing the now-scrapped excise Policy and bribery allegations.
