"We have already examined K Kavitha on April 6 in excise case": CBI to Delhi Court

New Delhi [India], April 10 : The Central Bureau of Investigation on Wednesday apprised the concerned court of Delhi that BRS leader K Kavitha has already been examined on April 6 in Tihar Jail in connection with excise policy case.
Recently, K Kavitha moved an application in Rouse Avenue Court challenging permission granted to CBI to quiz her in the Tihar Jail in connection with the case.
The Special Judge Kaveri Baweja was informed by the CBI counsel that "we are not filing any reply, we have already examined her on April 6".
Noting the submissions, the Special Judge adjourned the matter to April 26 for arguments on the application.
Kavitha's counsel, Nitesh Rana, along with Deepak Nagar, said that they want to argue the application.
"We still haven't been given a copy," Kavitha's counsel said.
K Kavitha through plea, stated that CBI thwarted the due process of law by filing a plea behind her back. Kavitha, in her plea, said that it has grave apprehension that CBI may not have divulged true facts in order to obtain a favourable order from the court.
Kavitha wants the Court to keep its order in abeyance until her side is heard.
The plea stated that it is extremely disappointing and unfortunate that an application has been moved by the CBI for purported examination of the applicant while still in custody without serving a copy either upon her or her counsel. Such a practice is unknown to the basic tenets of criminal jurisprudence and thus cannot be sustained in the eyes of the law.
On April 5, 2024, the Delhi Court had allowed the CBI plea to examine K Kavitha during judicial custody in the Tihar Jail on any day of the coming week.
CBI through application, sought court permission to interrogate/quiz and record the statement of BRS Leader K Kavitha regarding WhatsApp chats recovered from Buchi Babu's phone and documents to a Land deal post which 100 crores were allegedly paid to Aam Aadmi Party in kickbacks.
The Rouse Avenue Court on Tuesday sent Bharat Rashtra Samithi (BRS) MLC K Kavitha to judicial custody until April 23, 2024. She was arrested by the Enforcement Directorate recently in connection with the Delhi excise policy-linked money laundering case.
The Directorate of Enforcement (ED) arrested K. Kavitha MLC, Telangana Legislative Council, on March 15, 2024, in the case of the alleged liquor policy scam.
A search was also conducted at the residence of K Kavitha in Hyderabad on March 15. During the search proceedings, the ED officials were obstructed by the relatives and associates of K Kavitha, said ED through a statement.
The ED investigation revealed that K. Kavitha, along with others, conspired with the top leaders of AAP, including Arvind Kejriwal and Manish Sisodia, to get favours in the Delhi Excise policy formulation and implementation.
The ED has alleged that in exchange for these favours, she was involved in paying Rs. 100 crore to the leaders of AAP.
Through acts of corruption and conspiracy in the formulation and implementation of Delhi Excise Policy 2021-22, a continuous stream of illegal funds in the form of kickbacks, from the wholesalers was generated for the AAP, as per the ED's allegation.
Further, K Kavitha and her associates were to recover the proceeds of crime paid in advance to AAP and to further generate profits/proceeds of crime from this entire conspiracy, stated ED.
ED has filed 1 prosecution complaint and 5 supplementary complaints in the case so far.
Further, out of the proceeds of crime generated, assets worth Rs. 128.79 crore have been traced so far and have been attached via provisional attachment orders on January 24 and July 3 in 2023. Both the attachment orders have been confirmed by the adjudicating authority in New Delhi.
The CBI inquiry was recommended based on the findings of the Delhi Chief Secretary's report filed in July showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules-2010, officials said.
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.