Delhi HC to decide on K Kavitha’s bail plea on July 1

The Delhi High Court is scheduled to pass judgment on bail petitions moved by Bharat Rashtra Samithi (BRS) leader K Kavitha in CBI and ED cases related to the Excise Policy case on July 1, 2024.

The bench of Justice Swarna Kanta Sharma, after hearing submissions from all sides, decided to reserve the order in the matter on May 28, 2024.

For K Kavitha, Senior Advocate Vikram Chaudhari and Advocate Nitesh Rana argued in the matter. Advocates Mohit Rao and Deepak Nagar also appeared for K Kavitha. Advocate DP Singh appeared for the CBI, and Advocate Zoheb Hossain appeared for the Enforcement Directorate.

The CBI, while opposing the bail plea, stated that further investigation is at a very crucial stage on certain key aspects, including the involvement of other public servants and private persons as well as the flow of the ill-gotten money. If the accused petitioner is released on bail, there is every likelihood that she will thwart the investigation, more specifically when she fails to meet the ‘triple test,’ as laid down by the Constitutional Courts in a catena of decisions.

The Enforcement Directorate (ED) also opposed the bail plea and stated that in the case of an offence of money laundering, mere routine conditions that ensure the presence of the accused during the trial or protect the evidence are not enough because of the trans-border nature of the offence and the influence that may be exercised by the accused. An accused can anonymously remove the money



trail using the technology available today, making the investigation and trial infructuous.

The Delhi High Court had earlier issued a notice to the Enforcement Directorate and CBI on the bail petitions moved by Bharat Rashtra Samithi (BRS) leader K Kavitha in the money laundering case pertaining to the scrapped Excise policy of Delhi.

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.

The plea moved by K Kavitha stated that she is the mother of two children, one of whom is a minor presently under shock and undergoing medical supervision. Kavitha, in her fresh bail plea, alleges that there have been attempts to drag her into the scandal by the members of the ruling party at the Centre.

She, through the bail plea, submitted that the entire case of the Enforcement Directorate hinges upon statements made by the approver, witnesses, or co-accused under Section 50 of the PMLA. The Prosecution Complaints do not provide a single document that corroborates the statements. There is not a single piece of evidence that points to the guilt of the Applicant.

She further stated that the arrest of the applicant is illegal as Section 19 of the PMLA has not been complied with.