Kavitha sent to judicial custody till April 9

A court in New Delhi on Tuesday sent Bharat Rashtra Samithi leader K Kavitha to judicial custody till April 9, noting that the investigation regarding her role in the alleged Delhi excise policy scam was pending and that the purported offence being economic in nature was more complex than an ordinary crime.

The court also allowed the Enforcement Directorate to file a reply to Kavitha's interim bail plea by April 1.

The 46-year-old leader was arrested by the central probe agency on March 15.

"Since the investigation of the case is pending qua role of the arrestee and for unearthing the further proceeds of crime and identifying the other persons who are involved or connected with the process or activities related to proceeds of crime and further keeping in view the submissions that the offence being economic in nature and thereby being more complex than the ordinary crimes...the accused is remanded to judicial custody till April 9," special judge Kaveri Baweja said.

The court directed that Kavitha be produced before it on April 9 at 11 am.

Kavitha, who was produced before the court after the expiry of her ED custody, told reporters outside the courtroom that it is not a money laundering case but a "political laundering case".

"This is not a money laundering case. It is a political laundering case. One accused has already joined BJP, the second accused is getting a BJP ticket and the third accused has given Rs 50 crore in electoral bonds. It is a fabricated and false case. We will come out clean. Jai Telangana," she said while being brought to the courtroom.

During the proceedings on Tuesday, Kavitha's advocate Nitesh Rana sought interim bail on the grounds of her minor son's exam. Countering it, the ED sought time to file its reply to the bail plea.

In its order, the court said, "ED is granted time to file its response by April 1 and ensure supply of an advance copy of its reply to counsel for accused."

Senior advocate Vikram Chaudhri, who appeared virtually for Kavitha, sought the court's direction for access to seized materials and documents against the BRS leader which were supplied to the ED's adjudicating authority in a sealed envelope under section 19 (2) of the Prevention of Money Laundering Act.

According to the provision, the authorities concerned, immediately after making an arrest, are required to forward the arrest order along with the “material in its possession to the adjudicating authority” in a sealed cover.

"There however appears to be no provision under the act for supply of copy of the said material to the accused,” the judge noted, adding, “Accordingly, the request made on behalf of accused for access to said records cannot be allowed and is hereby declined."

Chaudhri also requested the court to allow access to the medical examination report of Kavitha during her 10-day custodial interrogation.

The court directed the ED to provide the medical reports to Kavitha's counsel, noting that the counsel for the federal probe agency did not object to the request.

On a separate application filed by Kavitha, the court also allowed her to have access to certain items in jail under judicial custody due to her medical condition.

"The jail superintendent concerned, Tihar Jail, is directed to permit the accused to have home-cooked food, mattress, slippers, clothes, bed­sheet, books and blanket, pen, paper, wearing jewellery and medicines, in accordance with rules,” it said.

The BRS leader, the daughter of former Telangana chief minister K Chandrashekar Rao, was arrested by the central probe agency from Hyderabad. She was sent to seven-day ED custody on March 16 and it was extended by three days last Saturday.

The court on Tuesday noted that the ED's plea sought her judicial custody on the ground that "the arrestee is highly influential and there is every likelihood the arrestee will influence the witnesses and tamper with the evidence if released, (and) it may hamper the ongoing investigation."

The agency has also alleged that Kavitha, the daughter of former Telangana chief minister K Chandrashekar Rao, was a key member of the 'South Group' that has been accused of paying the AAP kickbacks of Rs 100 crore in return for a big share of liquor licences in the national capital.