BRS MLC Kavitha sent to 7-day ED custody in Delhi liquor policy case

The BRS legislator, while being escorted into the court hall, told the press that her arrest was illegal and that she would fight against it in court.

Even as the ED sought her custody for questioning, Kavitha’s counsel argued before the court that the arrest was illegal since the ED had given an undertaking to the Supreme Court that there would not be any coercive action against her.

The arguments by both sides continued well into the afternoon. The special judge pronounced his order in the evening, allowing Kavitha’s custody to the ED.

Delhi court has remanded @BRSparty leader and MLC @RaoKavitha to ED custody for seven days till 23 March.

ED had sought 10 days custody.#Kavitha #DelhiLiquorPolicyCase pic.twitter.com/vto5oMBzIY

— South First (@TheSouthfirst) March 16, 2024

Also Read: BRS condemns Kavitha arrest, announces protest across Telangana on 16 March

What transpired in court

In the morning, senior advocate Vikram Chaudhary, appearing for Kavitha, argued against her arrest. He brought to the court’s notice that she had appeared before the ED thrice in the past. He said that there was variance in the arguments of the CBI and the ED. While the CBI considered her as a witness, the ED called her a suspect. He also disputed the ED’s argument that the Code of Criminal Procedure (CrCP) does not apply to the cases booked under the PMLA.

He also said that the ED had arrested her without a transit warrant, even though the law mandates one if a suspect has to be taken more than 30 km from their residence. He argued that Kavitha’s petition against being questioned and summoned to the ED office was still pending in the Supreme Court and that there was in an interim direction that no action should be taken against her.

Special counsel Zoheb Hossain, appearing for the ED, however, said there were no interim directions from the Supreme Court against taking action against her. He also contended that on 15 September, 2023, the ED had told the court that it would not summon her for questioning in the next 10 days. The lawyer appearing for the ED in the Supreme Court had also said that she cannot be exempted from questioning, Hossain argued.

He also disputed the argument of the defence that the ED had arrested her after sunset. He said that Kavitha was arrested at 5:43 pm and sunset occurred at 6:23 pm in Telangana on Friday. The counsel said that the ED had seized five phones, and the entire process of arrest was video-taped and it was placed in the public domain, he said.

Also Read: BRS MLC K Kavitha and ‘South Group’ in the Delhi liquor policy case

(Edited by Kamna Revanoor)