Kavitha approached the court for interim bail, saying her 16-year-old son has exams and needs her 'moral and emotional support'.
BRS MLC K Kavitha. (X)
The Rouse Avenue Court in Delhi, on Monday, 8 April, rejected the interim bail plea filed by BRS MLC K Kavitha.
Kavitha approached the court for interim bail, saying her 16-year-old son has exams and needs his mother’s “moral and emotional support”.
The ED opposed her petition, saying that the boy had the support of other members of the family.
It also claimed that Kavitha destroyed evidence and influenced witnesses in the case.
The agency had alleged that Kavitha was a key member of the “South Group”, which has been accused of paying the ruling AAP in Delhi kickbacks of ₹100 crore in return for a big share of liquor licences in the national capital.
Special Judge Kaveri Baweja dismissed Kavitha’s plea, saying the stage was not right to enlarge her on interim bail.
The verdict for the bail plea was reserved by the court on 4 April.
Kavitha was arrested by the ED on 15 March for her alleged role in the Delhi Liquor Policy scam. On 26 March, the court had sent Kavitha to judicial custody till 9 April.
Rouse Avenue Court, Delhi, rejects interim bail plea by @BRSparty MLC @RaoKavitha.
She moved the petition seeking bail to be with her son who is appearing at his 11th class examinations. The ED opposed her petition saying that the boy had the support of other members of the… pic.twitter.com/OrYtfJ5LQr
— South First (@TheSouthfirst) April 8, 2024
Appearing for Kavitha, Senior Advocate Abhishek Manu Singhvi submitted that the court was not “straight-jacketed” by the twin conditions for grant of bail under PMLA and was free to exercise discretion to grant the relief, reported LiveLaw.
On 4 April, he argued that she should get the benefit of bail under the proviso to Section 45 of the Prevention of Money Laundering Act (PMLA).
“The basic principle of woman, rationale of legislature and discretion, all these things are preserved,” he said.
Section 45 of the PMLA states that bail can be granted to an accused in a money laundering case only if twin conditions are satisfied — there should be prima facie satisfaction that the accused has not committed the offence and that he/she is not likely to commit any offence while on bail.
The provision also states that a woman (and other categories so mentioned) may be released on bail if the special court directs so.
The court on Friday, 5 April, allowed the Central Bureau of Investigation (CBI) to quiz Kavitha in Tihar. The order was passed on the plea filed by the CBI seeking the court’s permission to interrogate Kavitha in judicial custody.
However, on Saturday, 6 April, Kavitha moved the court opposing a CBI plea.
Advocate Nitesh Rana, appearing for Kavitha, told the court that CBI thwarted the due process of law by filing the plea “behind her back”.
“I have grave apprehension that CBI may not have divulged facts to obtain a favourable order from the court,” he told the court and urged it to keep the order in abeyance until Kavitha’s side is heard.
Kavitha was arrested after Additional Solicitor General SV Raju told the Supreme Court that the ED was taking back its assurance not to arrest the BRS MLC.
After her arrest, Kavitha withdrew her petition from the Supreme Court.
In the petition, she had challenged the issue of summons to her to appear at the ED office since she was allowed certain privileges as she was a woman. With her arrest, the petition became infructuous.
The ED has accused Kavitha of being the kingpin of the so-called South Group, which allegedly paid ₹100 crore to AAP leaders to tweak the Delhi liquor policy to suit them.
The other members of the South Group, the ED said, were Sarath Chandra Reddy, Raghav Magunta, and MP Magunta Srinivasulu Reddy.
The ED accused Kavitha of working hand in glove with Delhi Chief Minister Arvind Kejriwal and former deputy chief minister Manish Sisodia, both arrested and jailed.
(With PTI inputs)
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