Delhi HC dismisses BRS leader K Kavitha’s plea seeking bail in excise policy case

Delhi High Court on Monday, July 1, dismissed the plea seeking bail for BRS leader K Kavitha in the cases registered against her by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) in the Delhi excise policy case.

Justice Swarana Kanta Sharma, who on May 28 reserved the order on Kavitha's two bail pleas, rejected the petitions.

BRS leader and daughter of former Chief Minister of Telangana K Chandrashekar Rao, K Kavitha, challenged the trial court's May 6 order dismissing her bail applications in the CBI's corruption case and the ED's money-laundering case.

Kavitha's lawyer had submitted that out of the 50 accused in the excise matter, she is the lone woman and urged the court to consider granting her bail as the law keeps women on a different pedestal.

The CBI and ED opposed Kavitha's bail pleas, saying she was highly influential and powerful enough to influence witnesses.

Countering the submission made on behalf of Kavitha that she, being a woman, be released on bail, the probe agencies had contended that it was the woman who was playing the main role in the conspiracy here. She was an active politician and a member of the legislative council and could not seek parity with vulnerable women.

The CBI's counsel argued that Kavitha was not just a woman but a very influential woman and was powerful enough to influence witnesses, as one of the witnesses has even stated that he was threatened by her.

The ED's counsel also contended that Kavitha was a co-conspirator and beneficiary of the excise scam and that the proceeds of the crime were directly going to her.

It had claimed that the politician, who was accused of a white-collar crime, was involved in the destruction of evidence and coercing people to retract their statements.

The ED, in its reply to the bail plea, opposed the bail plea, saying that Kavitha's release would adversely affect further investigation to unearth the "deep-rooted, multi-layered conspiracy."

It contended that the Telangana lawmaker is a "highly influential" individual and stands accused of having committed a grave economic offence. It said she has the potential to tamper with evidence and influence witnesses.

"K Kavitha has conspired with other people and actively involved in payment of kickbacks to the tune of ₹100 crore and then in establishing the money laundering ecosystem, that is, M/s Indo Spirits through her proxy which generated proceeds of crime of ₹192.8 crore. By such acts, K Kavitha is involved in various processes and activities relating to proceeds of crime (POC) to the tune of ₹292.8 crore," the probe agency said in its counter affidavit.

The ED said there is ample evidence to link her to the offence of money laundering.

Kavitha is in judicial custody in the two cases the ED and the CBI lodged in the alleged scam.

The "scam" pertains to alleged corruption and money laundering in formulating and implementing the Delhi government's excise policy for 2021-22, which was later scrapped.

The ED arrested Kavitha (46) from her Banjara Hills residence in Hyderabad on March 15, and the CBI arrested her from Tihar jail.

In her bail plea in the ED case, the BRS leader said she has "nothing to do" with the excise policy, and that a criminal conspiracy against her is "orchestrated by the ruling party at the Centre with the active connivance of the ED."