Delhi Excise Policy: HC Reserves Order on K Kavitha’s Bail Pleas

The Delhi High Court has reserved the order on bail petitions moved by Bharat Rashtra Samithi (BRS) leader Kalvakuntla Kavitha in cases registered by the Central Bureau of Investigation and Enforcement Directorate related to the Excise Policy case.

Following submissions from all sides, a single bench of Justice Swarna Kanta Sharma decided to reserve the order in the matter.

K Kavitha, along with senior advocate Vikram Chaudhari and advocate Nitesh Rana, presented arguments in the case. Advocates Mohit Rao and Deepak Nagar also appeared for K Kavitha. Representing the CBI, Advocate DP Singh, and for the Enforcement Directorate, Advocate Zoheb Hossain, put forward their perspectives.

Opposition from Investigative Agencies

The CBI opposed the bail plea, emphasizing that further investigation is at a crucial stage concerning the involvement of other public servants and private individuals, as well as tracking the flow of ill-gotten money. The agency expressed concerns that releasing the accused petitioner on bail might hinder the ongoing investigation.

Similarly, the Enforcement Directorate (ED) opposed K Kavitha’s bail plea, highlighting the complex nature of money-laundering offenses and the potential for accused individuals to manipulate evidence, especially given the technological advancements available.

Issued Notices to ED, CBI

Recently, the Delhi High Court issued notice to the Enforcement Directorate and CBI on a bail petition filed by K Kavitha in the money laundering case related to the scrapped excise policy of Delhi. The ED also filed a supplementary prosecution complaint (chargesheet) in the Excise Policy money laundering case at the Rouse Avenue Court.

K Kavitha, in her bail plea, cited personal circumstances, including being a mother of two children, one of whom is presently undergoing medical supervision. She alleged attempts by members of the ruling party to implicate her in the scandal.

Furthermore, she argued that the prosecution’s case relies heavily on statements made by witnesses or co-accused, without providing corroborating evidence. She contended that her arrest was illegal and challenged the validity of the evidence presented against her.

Bail Petitions Dismissed

On May 6, the Rouse Avenue Court of Delhi dismissed bail petitions moved by K Kavitha in connection with CBI and ED cases related to the Excise Policy case. K Kavitha was arrested by the Enforcement Directorate on March 15, 2024, and by the Central Bureau of Investigation (CBI) on April 11, 2024.

Allegations of Irregularities in Excise Policy

The CBI inquiry into the case was initiated based on findings of prima facie violations of various laws and rules governing the Excise Policy. Both the ED and CBI alleged irregularities, including favoritism towards license holders, illegal refunds, and alleged losses to the exchequer.

According to the allegations, irregularities in the Excise Department led to substantial financial losses to the exchequer, including instances of unauthorized waivers and refunds. The probe agencies highlighted discrepancies in fee waivers and tender processes, contributing to the alleged losses.

The legal battle surrounding the Excise Policy case continues, with investigative agencies emphasizing the need for further probe to uncover potential conspiracies and financial irregularities. As the case progresses, both sides present their arguments in the pursuit of justice and accountability.

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