Kalvakuntla Kavitha’s judicial custody extended
Hyderabad: Kalvakuntla Kavitha judicial custody was extended till July 25 by Rose avenue special court Delhi. Justice Swarna Kanta Sharma dismissed the bail petition of K Kavitha who was arrested in Delhi Excise Policy scam by central Bureau of Investigation(CBI) on Tuesday. Subsequently her judicial remand was extended on Wednesday.
CBI alleging irregularities in framing Delhi Excise Policy of 2021-22, the accused reportedly entered into a criminal conspiracy, thereby intentionally creating or leaving loopholes in the policy to be exploited later on. Substantial kickbacks were allegedly paid in advance to the public servants involved, in exchange for undue pecuniary benefits to the conspirators in the liquor trade. It is claimed that kickbacks totaling around Rs. 90-100 crores were paid in advance to Sh. Vijay Nair, Sh. Manish Sisodia, and other co-accused persons, by certain individuals in the South Indian liquor business (‘South Group’). After conducting investigation, the CBI had filed the first charge sheet against accused persons including K Kavitha was taken into custody for questioning.
Sh. Vikram Chaudhri, Senior Counsel representing K Kavitha argued that there has been a grave violation of the kavitha’s fundamental rights. He further argued that Kavitha is the only woman who has been made an accused and arrested in the present case and as per Section 45 of PMLA, the case of a woman accused is to be treated at a different footing and she can be granted bail and the twin conditions under Section 45(1) of PMLA are not required to be satisfied in her case. He argued that as there is no incriminating material on record to connect Kavitha with the offence of money laundering and therefore she should be granted bail in the Directorate of Enforcement case.
Citing the remarks of the Supreme Court on ‘twin conditions’ that “though the Courts should be sensitive and sympathetic to the vulnerable groups such as women, it must also recognize that educated and well-placed women may engage themselves in illegal activities. Therefore, courts are required to exercise their discretion judiciously,” remarked Justice Swarna Kanta Sharma.
As K. Kavitha, is a member of the Telangana Legislative Council from the Nizamabad Local Bodies Constituency and has held significant political positions, including Member of Parliament (MP) for Nizamabad formerly. During her tenure in the Lok Sabha, she served on several committees. She had initiated several welfare schemes on personal level and as claimed in the pleadings that she is a prominent figure in the Telangana statehood movement.
Delhi High court opined that as it is heartening to note that the applicant K. Kavitha, is a highly qualified and well-accomplished person, having made significant contributions to politics and social work as enlisted by her in her pleadings. The same were not disputed by the investigating agencies. Her educational qualification and the activities she has enlisted for the betterment of society in the State of Telangana are essentially, one side of herself and is impressive.
“However, while deciding the present bail applications, though this Court may appreciate these accomplishments, it cannot lose sight of serious allegations leveled by the prosecution and the evidence collected during the course of investigation and presented before this Court, which prima facie reveal her role in the offence in question” said JustcieSwarna Kanta Sharma. The court opined that the K. Kavitha is not entitled to the benefit of provision to Section 45 of PMLA and dismissed her bail petition.
Subsequently, Special Judge Kaveri Baweja extended her judicial custody after they were produced before the court through video conference on the expiry of their judicial custody.
