Liquor policy case: Delhi court remands BRS leader K Kavitha to ED custody

A Delhi court on Saturday remanded Bharat Rashtra Samiti (BRS) legislator and daughter of former Telangana Chief Minister K Chandrashekar Rao, K Kavitha to the Enforcement Directorate (ED) custody for a week following her arrest yesterday in the Delhi excise policy case. .Special Judge (PC Act) MK Nagpal of Rouse Avenue directed that Kavitha remain in ED custody till March 23, 2024..The ED had sought ten days' of custody. .Kavitha was arrested by the ED on March 15 evening from Hyderabad hours after an ED team searched the premises and interrogated her.The ED questioned Kavitha thrice last year in this case and again summoned her this year but she did not depose, citing a Supreme Court direction that allowed her protection from any coercive action.Pertinently, a plea file by Kavitha against summons issued by the ED is presently pending before the Supreme Court and is listed to be heard next on March 19, Tuesday..Hearing today.Appearing for Kavitha, Senior Advocate Vikram Chaudhary argued today that her arrest yesterday was a blatant abuse of power, which violated an effective stay on her arrest, at least until March 19. In this regard, Chaudhary asserted that an Additional Solicitor General (ASG) had given an assurance before the Supreme Court that the ED would not arrest Kavitha until then. This assurance should have bound the agency, the senior counsel said."They (ED) have violated the apex court orders. When they issued summons, I moved the Supreme Court, along with other accused women. It was said that I won't be arrested - on 15 September 2023 in the apex court, when the court was about to pass order, the ASG made a statement that I won't be arrested ... It is a vexatious arrest. You can't escape from the clutches today. Even in December they sought an adjournment before apex court and the same statement was made," Chaudhary argued. .Chaudhary added that the Supreme Court did not record the ASG's assurance only because the ASG requested against it. "The apex court did not record ASG's statement because the ASG said please don't record, but I am bound by it ... Just hours after the Supreme Court hearing (on March 15, Friday), they entered this woman's house under the garb of searches. At 5:20 PM is intimation of arrest ... What prevented them from waiting for three days? You (ED) want to overreach the Supreme Court of India? You think you are invincible?" Chaudhary added. .The ED, represented by its Special Counsel Zoheb Hossain, refuted these submissions. "There is no statement given to any court that we will not take any coercive steps. No statement ever made ... The statement made was that we will issue her summons after 10 days. Please don't go by newspaper reports," Hossain said..The trial court, however, questioned whether there was any urgency warranting Kavitha's arrest on March 15, when the Supreme Court was due to hear her case on March 19. "If the matter was coming up for hearing on March 19, what was the urgency to arrest her?" the trial judge asked. .In his reply, Hossain highlighted that there was no express mention of any restraint on coercive action by the ED in the top court's orders."You cannot presume an interim relief in your favour if there is no express order. That is the settled jurisprudence of the country ... If they have not been diligent enough to press for a no coercive order, it is not our fault ... So there is no order, there is a prayer for no coercive action but there is no order to that effect ... There is no question of breach of undertaking to the Supreme Court," he said..The ED's counsel also handed over the grounds for arresting Kavitha in the liquor policy case. "We have statements saying 33% profits will go to madam and we have confirmed that the 'madam' is the present accused," Hossain said, adding that she is also accused of destroying evidence.He maintained that all procedural rules were followed in making Kavitha's arrest and searching her premises. "The search could have concluded before that but around 20 people barged in. This is clear obstruction. A ruckus was created. They themselves recorded video and put it up on social media," he added. .Interestingly, the hearing also witnessed a brief exchange over whether the retirement of Supreme Court judge, Justice Sanjay Kaul, factored into the ED's recent course of action against Kavitha. "They (ED) were ones who sought adjournment. The day senior Supreme Court judge (Justice SK Kaul) retires, they start issuing summons to me," Chaudhary argued. "I have strong objection to this submission," Hossain countered. Notably, a bench led by Justice Kaul had earlier been hearing the plea filed by K Kavitha, along with related petitions against the ED, before his retirement in December 2023. The matter is presently before Justices M Bela Trivedi and Pankaj Mithal..The allegations against K Kavitha.According to PTI, the ED has claimed Kavitha was linked to a "South Group" lobby of liquor traders who were trying to play a larger role under the now scrapped Delhi excise policy for 2021-22.It has been alleged that one of the accused in the case, Vijay Nair, received kickbacks to the tune of at least ₹100 crores on behalf of AAP leaders from the "South Group", allegedly controlled by Sarath Reddy, K Kavitha and Magunta Srinivasulu Reddy.The same PTI report said that in the last round of questioning by the ED, Kavitha was confronted with Hyderabad-based businessman Arun Ramchandran Pillai, who was arrested in the case earlier and allegedly shared close ties with her.However, Kavitha has claimed that she has done nothing wrong and alleged that the Central government was misusing the ED to gain ground in Telangana. .Kavitha is the third high-profile political leader to be arrested by the ED in the excise policy case. Former Delhi Deputy Chief Minister Manish Sisodia and AAP Rajya Sabha MP Sanjay Singh are already behind bars in the case. Earlier today, Arvind Kejriwal appeared before the Rouse Avenue Court in connection with the same case.ED has filed a complaint case against Kejriwal for non-compliance with the agency's summons.He was then granted bail by the court and the matter will be heard next on April 1..[Read live coverage of remand hearing]