Delhi HC fixes July 31 for hearing on BRS leader K Kavitha's plea challenging arrest in CBI case

New Delhi [India], July 24 : The Delhi High Court on Wednesday fixed July 31 for hearing Bharat Rashtra Samithi (BRS) leader K Kavitha's plea challenging her arrest by CBI in a Delhi excise policy case and the trial court order remanding her to CBI custody after the bench of Justice Swarna Kanta Sharma released the matter from her board due to a change of Delhi HC roaster.
The bench of Justice Swarna Kanta Sharma fixed the matter for July 31 before the appropriate bench.
K Kavitha, in her plea challenging her arrest in the CBI case, stated that the entire proceedings leading to her arrest and incarceration in the CBI case are anathema to law and violative of the fundamental postulates on which the interplay of powers vested with the investigating agency as well as with the Court qua a person who is already languishing in custody in another (ED) case is concerned, thereby resulting in the violation of the petitioner's fundamental rights under Articles 21 and 22 (1) & (2) of the Constitution, apart from such an action not being supported by any provision or procedure in the Code of Criminal Procedure, 1973.
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 is 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.
Neither the allegation of the actual cash transaction nor any money trail is forthcoming; therefore, the satisfaction of guilt as expressed in his arrest order is merely a sham and a pretence, she stated.
The Central Bureau of Investigation (CBI), in its chargesheet filed against Bharat Rashtra Samithi (BRS) leader K Kavitha, stated that she was involved in manipulation and tweaking of the Delhi excise policy case.
During the investigation, the role of the accused, K Kavitha, has surfaced not only in the collection of upfront money but also in the transfer of ill-gotten money to Goa through hawala channel, stated the CBI.
It has been revealed that her co-accused associates, viz., Abhishek Boinpally and PA Ashok Kaushik, were involved in the transfer of ill-gotten money to Goa through hawala channel.
It has been revealed that the accused Arvind Kumar Singh, who was posted and functioning as Production Controller-Cum-Commercial Head of India Ahead News, owned by the accused Mootha Gautham and Abhishek Boinpally, the co-accused associate of the accused K Kavitha, has acted as a conduit of the accused persons of the South Group and played a major role in the transfer of ill-gotten money of Rs 7.10 crores to Goa from Delhi through Hawala Channel.
The Rouse Avenue Court, on July 22, took cognizance of the supplementary chargesheet filed against BRS leader K Kavitha by the CBI in the Delhi excise policy case.
Special Judge Kaveri Baweja, after taking cognizance of the supplementary charge sheet, was directed to produce her before the court through video conferencing on July 26. The court has directed that a copy of the supplementary charge sheet be supplied to the counsel for K Kavitha and others.
The Central Bureau of Investigation (CBI) filed a charge sheet against BRS leader K Kavitha in the Delhi excise policy case on June 6. This is the third supplementary charge sheet filed by the CBI in the Delhi excise policy case.
K Kavitha is in judicial custody in both CBI and ED cases. She was first arrested by the Directorate of Enforcement (ED) on March 15. Thereafter, she was arrested by the CBI on April 11.
On July 1, the Delhi High Court dismissed the bail petitions moved by K Kavitha in CBI and ED cases related to the excise policy case.
The ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced, and the L-1 licence was extended without the competent authority's approval.
The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies said.
As per the allegations, the Excise Department had decided to refund the earnest money deposit of about Rs 30 crore to a successful tenderer against the set rules.
Even though there was no enabling provision, a waiver on tendered licence fees was allowed from December 28, 2021, to January 27, 2022, due to COVID-19, the probe agency said, and there was an alleged loss of Rs 144.36 crore to the exchequer.