Delhi excise policy case: SC to hear BRS MLC K Kavitha’s bail plea on August 12

NEW DELHI: The Supreme Court is scheduled to hear on August 12, Monday, the Bharat Rashtra Samithi (BRS) leader, K Kavitha’s plea seeking bail in the cases filed by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in connection with the 2021-22 Excise Policy

A two-judge bench of the top court, led by Justice BR Gavai and also comprising Justice KV Viswanathan, is to hear the matter on August 12, Monday, according to the Supreme Court’s causelist.

The accused, Kavitha had approached the top court by filing an appeal after the Delhi High Court had on its July 1st order, rejected her petition in the cases filed by both CBI and ED in connection with the 2021-22 Excise Policy.

The Delhi High Court judge, Justice Swarna Kanta Sharma, while rejecting her bail, said that there was no merit in the prayer filed by the accused seeking bail in this case. “The bail appeal is accordingly dismissed,” the judge noted.

On May 6, Special Judge of CBI and ED cases, of the Delhi Rouse Avenue Court, Judge Kaveri Baweja rejected her bail plea in the excise case, forcing her to move an appeal before the Delhi High Court seeking bail and challenging its dismissal.

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The accused, Kavitha was arrested by the ED on the evening of March 15 from her Hyderabad residence. Subsequently, the CBI also took her into custody on April 11 in the same case.

Kavitha, 46, the daughter of Telangana’s former Chief Minister, K Chandrashekar Rao, claimed innocence in the Delhi excise policy scam case. She said that her arrest was a blatant misuse of power by the ED.

The two 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 grounds that there were sufficient materials agaibst her to proceed in the case.

“Prima facie there appeared to be sufficient material against the accused (Kavitha). 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 every likelihood of her influencing witnesses if she is allowed to be released on bail,” she added.

Kavitha, pleaded for interim bail on the ground that she being a woman, is seeking bail as she falls within the first proviso to Section 45 (1) of PMLA.

Opposing Kavitha’s bail plea, the Enforcement Directorate (ED) claimed before the court that the BRS MLC allegedly destroyed material evidences and influenced witnesses in the case.

The agency had alleged that she is also 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.

On the other hand Kavitha, in her bail plea, said that her arrest was blatant violation of law, illegal, unconstitutional and unwarranted in law.

Meanwhile, the ED is thoroughly investigating Kavitha’s role in allegedly influencing the now-scrapped excise policy, in the national capital and bribery allegations.

It has also been alleged by the ED that one of the accused in the case, Vijay Nair, received kickbacks to the tune of at least Rs 100 crores on behalf of AAP leaders from the “South Group”, allegedly controlled by Sarath Reddy, Kavitha and Magunta Srinivasulu Reddy.