Published On: Mon, Apr 8th, 2024

Court denies K Kavitha relief, rejects interim bail plea in liquorgate scam

New Delhi: A court in Delhi has refused to grant interim bail to BRS leader K Kavitha in connection with an alleged money laundering case linked to the now annulled Delhi excise policy.

Proviso concerning bail under Section 45 of the PMLA should be exercised with discretion

The plea was dismissed by Special Judge Kaveri Baweja, who cited that the current circumstances were not suitable for granting interim bail to Kavitha.

Kavitha had sought interim bail from the court, stating that her 16-year-old son has exams and needs his mother’s moral and emotional support. However, the Enforcement Directorate (ED) had opposed her approach claiming Kavitha destroyed evidence and influenced witnesses in the case.

Senior advocate Abhishek Manu Singhvi representing Kavitha submitted that according to Section 45 of the PMLA, women are classified as exceptions eligible for bail as determined by the court, Singhvi asserted. Furthermore, he argued that when a passport is surrendered, there is no risk of flight.

Singhvi also pointed out that the woman accused in this case is a mother with a minor child who has exams scheduled for this month. “Her child is 16. It pertains to providing moral and emotional support in such a situation. There is anxiety surrounding the exams. The Prime Minister addresses this issue on radio regarding coping with exam anxiety,” Singhvi emphasised

He further argued, “The perspective of the mother cannot be replaced by the father or any other family member. While the father manages the legal battle in Delhi, the child resides in Telangana.”

On the other hand, advocate Zoheb Hossain, the special counsel for ED, opposed the bail application. He argued that the proviso concerning bail under Section 45 of the PMLA should be exercised with discretion, stating that exceptions do not apply to women who are prominent politicians in the state, reported ANI.

The agency claimed that Kavitha is a prominent figure within the “South Group,” which stands accused of allegedly offering kickbacks amounting to Rs 100 crore to the ruling AAP in Delhi. In exchange, they purportedly sought a significant portion of liquor licenses in the national capital.

Kavitha (46) was apprehended from her residence in Banjara Hills on March 15 amidst demonstrations by BRS supporters. Following her arrest, she was remanded to the custody of the ED for seven days. Later her custodial interrogation was extended by another three days. Last Tuesday, she was transferred to judicial custody for a period of 14 days.

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