Delhi Court Reserves Order On CBI's Plea Seeking K Kavitha's Custody In Liquor Policy Case

While seeking the custodial remand for Kavitha, the CBI asserted that a liquor businessman from the South Group met with CM Kejriwal and solicited his backing for conducting business in Delhi.

Delhi Rouse Avenue Court on Friday reserved its order on the Central Bureau of Investigation (CBI) plea seeking Bharat Rashtra Samithi (BRS) leader K Kavitha's custody for five days in a money laundering case related to the alleged liquor policy scam. 

Earlier during the hearing, CBI moved an application in the court seeking dive days custodial remand of BRS leader K Kavitha. While seeking the custodial remand for BRS leader K Kavitha, the CBI asserted that a liquor businessman from the South Group met with Delhi Chief Minister Arvind Kejriwal and solicited his backing for conducting business in the national capital. Kejriwal allegedly guaranteed his support, claimed CBI.

"We have sufficient material, WhatsApp chats, and statements of the associated accused," the central probe agency stated. 

"Dinesh Arora, (accused turn approver) has confirmed in his statement that Abhishek Boinpally informed that Rs 100 crores was given to Vijay Nair. Statement of Hawala operators under Section 161 & 164 CrPC confirms the payment of Rs 11.9 crores. Chats recovered from Buchibabu reveal that she was holding a partnership in Indospririts. Licenses were given to Indospririts even after being blacklisted due to the pressure of accused Manish Sisodia," CBI further said. 

CBI further claimed that BRS leader K. Kavitha is withholding information that is solely within her knowledge. Despite prior notices, according to the probe agency, she has not cooperated with the investigation. "Therefore, we require a five-day custodial remand to uncover the conspiracy," stated the CBI public prosecutor.

'Illegal Arrest': Kavitha's Counsel

Contesting CBI's application to interrogate the BRS leader, Kavitha's counsel asserted that the court needs to look a the two aspects of the case, first, CBI's power to arrest and second, the exercise of that power. 

Highlighting that there are no provisions in CRPC, Kavitha's counsel stated: "An application is moved before this court to interrogate Kavitha by CBI. There is no provision in CRPC which would enable an investigating agency to interrogate an accused in another case. Assuming that prison rules facilitate examination of the person, they can't override CRPC."

The counsel further told the court that the central probe agency did not provide any prior notice, and thus CBI's application to interrogate affects Kavitha's "constitutional right."

Advocate Nitesh Rana, counsel for the accused, opposed the CBI's plea, terming the arrest as illegal.

Kavitha, who has been incarcerated in Tihar Jail since her arrest on March 15 by the Enforcement Directorate probing allegations of money laundering in the excise policy case, was arrested by the CBI on Thursday, which is also investigating the case.