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A Delhi Court on Monday denied interim bail to Bharat Rashtra Samithi (BRS) leader K Kavitha in the money laundering case related to the now scrapped Delhi liquor excise policy.
Kavitha had moved the application citing her 16-year-old son’s exams and a provision in the anti-money laundering law favouring release of a female accused on bail.
Special judge Kaveri Baweja dismissed her application after she reserved her verdict last week on April 4.
Kavitha had, during the hearing on April 4, contended that she should be granted bail under the proviso to Section 45 of Prevention of Money Laundering (PMLA) that allows the court to release female accused on bail, bypassing the usual stringent bail conditions of the PMLA.
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The need for her presence for her son was also highlighted, pointing out that the emotional support of a mother is necessary during exam time.
ED opposed the bail plea on grounds that the exception for women under the proviso to Section 45 of PMLA is intended for women who lack agency, and not to someone like Kavitha who is a prominent politician.
ED had averred that she is one of the main accused in the case, alleging her involvement in bribery and benefiting through proxies based on documents and WhatsApp chats.
Zoheb Hossain, special public prosecutor for ED, also claimed that Kavitha had destroyed evidence, including data on her mobile phone, which was evident from forensic reports.
Regarding Kavitha’s son’s exams, Hossain pointed out that seven out of twelve papers were already completed, and that the 16-year-old boy had family members.
She has also moved a regular bail application before the court which is listed for hearing the arguments on April 20.
Kavitha, who was arrested by the ED on March 15 in connection with the Delhi excise policy case, has been in judicial custody at Tihar Jail since March 26.
While Kavitha has not been formally charged in any of the six ED charge sheets filed thus far, she has been referenced as a significant figure in court documents.
The primary allegation against Kavitha revolves around her alleged involvement in a bribery scheme, known as the “South Group”, which purportedly paid kickbacks worth ₹100 crore to Aam Aadmi Party (AAP) leaders in exchange for preferential treatment in securing retail zones under the Delhi excise policy.
Additionally, Kavitha is also under scrutiny by the Central Bureau of Investigation (CBI), which issued a summons to her last month in connection with the case.
Despite the summons, Kavitha cited an exemption granted by the Supreme Court and did not appear before the CBI.
Last week, CBI also obtained permission from the court to interrogate her while during her judicial custody.
Kavitha has also approached the court opposing the order seeking to keep it in abeyance till she is also heard.
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