The Supreme Court on Tuesday granted bail to BRS leader K Kavitha in the excise policy irregularities cases being probed by the Central Bureau of Investigation and the Enforcement Directorate.
A bench of justices BR Gavai and KV Viswanathan directed to release K Kavitha immediately. The top court also imposed various conditions against Kavitha including not to tamper with evidence or influence witnesses in the matter. The top court directed her to furnish a bail bond of Rs 10 lakh each in both CBI and ED cases. The top court also directed her to surrender her passport.
The top court noted that Kavitha is behind bars for five months and the trial will take a long time to complete as there are 493 witnesses and many documents. The SC noted that the reliance is on the statements of co-accused who have been granted pardon and made an approver.
The top court while hearing the matter said that the probe agency cannot pick and choose anyone.
Senior Advocate Mukul Rohatgi, appearing for K Kavitha, pressed for her bail on the ground of parity that co-accused Manish Sisodia has got bail. Senior Advocate Rohatgi for Kavitha, further said that she is a woman & sitting MLC and therefore there is no chance that she will flee from justice BR Gavai, on a lighter note, commented that being an MLA or MLC, one knows what is right and wrong, not vulnerable.
Senior Advocate Mukul Rohtagi called the allegations against Kavitha for changing phones bogus because people also change cars. She is also the daughter of a then Chief Minister, Rohatagi said. Additional Solicitor General SV Raju, for the probe agency, said she had destroyed the phone and formatted it.
Rohatgi countered and said that she had given it to her servant. ASG Raju expressed shock as it highlighted that it was an iPhone. But Rohatagi said yes, so what! Justice KV Viswanathan remarked that people delete messages and he has also a habit of deleting messages. ASG Raju said that one can delete messages but not format the phone. ASG Raju informed the top court that the agency has call detail records (CDRs) to show her connection with the other accused.
On July 1 the Delhi High Court dismissed the bail petitions moved by the Bharat Rashtra Samithi (BRS) leader K Kavitha in CBI and ED cases related to the Excise Policy case.
Recently, the Enforcement Directorate (ED) filed a supplementary prosecution complaint (chargesheet) in the Excise Policy money laundering case in Rouse Avenue Court. The chargesheet was filed against BRS Leader K Kavitha and other accused namely Chanpreet Singh, Damodar, Prince Singh and Arvind Kumar.
BRS leader K Kavitha was arrested by the Enforcement Directorate on March 15, 2024 and by the Central Bureau of Investigation (CBI) on April 11, 2024. Subsequently, She was also later arrested by CBI in the matter.
The CBI inquiry was recommended based on the findings of the Delhi Chief Secretary’s report filed in July showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules-2010, officials said.
The ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority’s approval.
