SC seeks CBI/ED response on BRS MLC Kavitha's bail plea in liquor policy case
12-Aug-2024 04:40 PM 3792
New Delhi, Aug 12 (Reporter) The Supreme Court on Monday issued notice to the CBI and the ED on the plea of Bharat Rashtra Samithi (BRS) MLC K Kavitha seeking bail in the money laundering and corruption cases related to the alleged Delhi liquor policy scam. A bench comprising Justice BR Gavai and Justice KV Viswanathan after hearing Senior Advocate Mukul Rohatgi appearing for Kavitha who argued that she has been in jail for 5 months and the chargesheet/prosecution complaint in both the ED and CBI cases have also been filed. The court issued notice to the prosecution agencies (CBI and ED) and declined to grant an interim bail. The court listed the matter for next hearing on August 20. Rohatagi’s cited many judgments passed in the cases of Manish Sisodia, Prabhir Purkayastha, and Arvind Kejriwal, and also made reference to the provision of Section 45 PMLA and urged that Kavitha be entitled to bail as a woman. Justice Gavai pointed out that the High Court while refusing Kavitha bail on this ground had observed that she is an educated woman and also a politician. Rohatgi said that "the Legislature does not say that if you are a Member of Parliament, you cease to be a woman". Justice Gavai, however, observed Kavitha not being a "vulnerable" woman. The Court however rejected Rohatagi’s plea to grant interim Bail and said, " We cannot pass any order without hearing the other side". Kavitha has challenged the Delhi High Court’s July 1, 2024 order by which its bail plea was dismissed in both CBI and ED cases. She was arrested by the Enforcement Directorate on March 15. Kavitha was arrested by CBI as well while she was still in ED custody. The BRS MLC approached the trial court for bail in the CBI and ED cases and the pleas were rejected (on May 6). Kavitha then moved Delhi High Court, where her plea was dismissed. The High Court held that she was prima facie one of the main conspirators in relation to formulation and implementation of Delhi Excise Policy 2021-22. The High Court held that allegations against Kavitha prima facie are that she was allegedly involved in payment of kickbacks, establishing M/s Indo Spirit for recoupment of kickbacks and in various other processes and activities relating to proceeds of crime. The High Court in its judgement also noted noting that Kavitha is a highly qualified and well-accomplished person who has made significant contributions to politics and social work. The High Court held that it could not lose sight of serious allegations levelled by the prosecution and the evidence collected during investigation. As per ED, the excise policy was implemented by the AAP-led Delhi government as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies, although such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM). The agency alleges that Kavitha, along with other members of the South Group, namely Sarath Reddy, Raghav Magunta and Magunta Srinivasulu Reddy, conspired with top AAP leaders and gave them kickbacks to the tune of Rs. 100 crores. In exchange, she got undue favors in the formulation and implementation of the excise policy. ED also claimed that Kavitha orchestrated a deal with Delhi CM Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia, whereunder she (along with other members of the South Group) paid them kickbacks through a string of intermediaries and middlemen. CBI alleged that Sarath Reddy participated in the liquor business in Delhi on Kavitha's assurance that she had contacts in the Delhi Government and would help him in the business. It further alleged that in November-December 2021, Kavitha asked Sarath Reddy to pay Rs. 25 crores at the rate of Rs. 5 crores per zone for the 5 retail zones allotted to him, as she herself paid Rs.100 crores as upfront money to AAP through Vijay Nair for getting favourable provisions in Excise Policy...////...
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