ED Acting Like Persecuting Agency, A Summons A Day Keeps It Happy: K Kavitha To Delhi Court

BRS leader K Kavitha, presently in judicial custody in the liquor policy case, on Monday told a Delhi Court that the Enforcement Directorate (ED) is acting like a “persecuting agency” and that there is no fairness, or impartiality in its approach.

Senior Advocate Abhishek Manu Singhvi was appearing for Kavitha before Special CBI judge Kaveri Baweja who was hearing her bail plea in the matter.

“Prosecuting agency (ED) is acting like a persecuting agency. There is no fairness, no impartiality or level playing field. There is a premotivated approach. Either we arrest you or till we arrest you or are unable to arrest you, we will play cat and mouse game of daily harassment,” Singhvi said.

He added: “A summons a day keeps ED happy, same way as an apple a day keeps a doctor happy.”

Singhvi began by submitting that he was making submissions on both final as well as interim bail and that even if the interim relief is granted or denied, the final relief remains open.

He further said that there was no necessity of arresting Kavitha and that the BRS leader has been cooperating with ED summons.

Singhvi also said that the ED arrested Kavitha the same day when ASG SV Raju retracted his alleged “oral undertaking“ given to the Supreme Court that the central probe agency would not arrest her.

“On 15th March, let's assume that you've made your statement clear that no order is passed. The judge has not clarified that Mr. Raju you're relieved from the undertaking. This is the murder of necessity to arrest. It's a 302 on section 19 of PMLA…. She is a lady who has roots in society. Is she a proclaimed offender? Can she flee? Can she catch hold of someone?,” Singhvi said.

He added: “There's an old saying that there is a difference between can do and should do. The difference is law of common sense, law of decency. Today the hiatus is between can do and should do….How many questions have been asked in these summons? Is there something left? What is left?”

The matter is now listed for hearing on April 04.

Background

Kavitha was remanded to judicial custody till April 09 on March 26. She was arrested on the evening of March 15 by the ED hours after the agency and the Income Tax department conducted searches at her Hyderabad residence.

Kavitha was then remanded to ED custody till March 23 which was extended to further three days.

As per the arrest memo, Kavitha, daughter of former Telangana chief minister K Chandrashekar Rao and a Telangana Legislative Council member, was arrested by the central probe agency at 5:20 pm from her residence at Banjara Hills in Hyderabad. 

On March 19, Kavitha withdrew from the Supreme Court her plea challenging the ED summons. Thereafter, the Apex Court issued notice on her plea challenging her arrest and asked the BRS leader to approach the trial court for bail.

In the earlier remand application, ED alleged that Kavitha is “one of the kingpins, a key conspirator and beneficiary” of the excise policy scam.

The agency alleged that Kavitha along with other members of the South Group namely Sarath Reddy, Raghav Magunta and Magunta Srinivasulu Reddy, conspired with top Aam Aadmi Party leaders and gave them kickbacks to the tune of Rs. 100 Crore and in exchange, got undue favours in the formulation and implementation of the excise policy.

ED had also alleged that Kavitha orchestrated a deal with the Delhi Chief Minister and then Deputy Chief Minister, wherein she along with other members of the South Group paid them kickbacks through a string of intermediaries and middlemen.

In this case, the anti-money laundering agency has issued summons to K Kavitha as a part of its wider probe into the alleged financial irregularities surrounding the now-scrapped liquor policy and the role of a purported 'south liquor lobby'.

In March 2023, the ED summoned her to appear in person in Delhi for questioning. In the same month, the central agency's summons were challenged by the BRS leader.