K. Kavitha was instrumental in influencing witnesses, says Delhi court on denying interim bail in excise policy case

New Delhi: A Delhi court on Monday denied interim bail to Bharat Rashtra Samithi (BRS) MLC K. Kavitha in connection with a money laundering case related to the alleged excise policy scam. She had moved the court for interim bail on grounds of her son's exams.

The court noted that she not only engaged in destruction of material evidence by formatting her phones before joining the investigation and after being served with notice requiring her to do so, along with her digital devices but also has been instrumental in influencing witnesses and there is every likelihood her continuing to do so in case the relief (interim bail) prayed for is granted to her.

The ED said that she has involvements to a 'great extent' in the offences in question and has a major role in the commission of the alleged offences in the present case.

Kavitha, who has been accused of being actively involved in the payment of kickbacks to the tune of Rs 100 crore and has been termed a kingpin of the 'scam' by the ED, is currently in judicial custody till April 9.

Special Judge Kaveri Baweja of Rouse Avenue Court on Monday dismissed her plea saying the stage was not right to enlarge her on interim bail.

Kavitha had moved the court for interim bail, saying her 16-year-old son has exams and needs his mother's moral and emotional support.

Arguing against her interim bail, the ED said that Kavitha along with other members of what is referred to as the "South Group", conspired with the top leaders of AAP and gave them kickbacks to the tune of Rs 100 crore and in exchange got undue favours.

The prosecuting agency submitted that as per the forensic report of the National Forensic Sciences University (NFSU), some of the digital devices produced by Kavitha before the ED had been formatted after the issuance of summons to her by the agency.

"Thus, Kavitha is guilty of actively destroying the digital evidence to conceal her role and involvement in this case," the ED said.

ED submitted that Kavitha does not satisfy the condition of the 'Triple Test' for grant of bail and urged that the prayer for interim bail be rejected.

Judging by the interim bail application, the court noted that Kavitha can, by no standards, be said to be a "vulnerable" woman who could be made a scapegoat for committing the alleged offences.

Rather, she is undoubtedly a "well­educated" and "well-placed woman in the society".

Last week, she had moved the court opposing the CBI's plea seeking to question and record her statement in Tihar Jail and urging the court to recall its order.

Notably, the court had allowed on April 5 the Central Bureau of Investigation (CBI) to question Kavitha in Tihar Jail.

The court is to hear the matter now on April 10 after the CBI sought time to reply to Kavitha's plea.

On April 6, Kavitha's counsel Nitesh Rana told the court that the probe agency thwarted the due process of law by filing the plea "behind her back".

"I have grave apprehension that the CBI may not have divulged the true facts to obtain a favourable order from the court," Rana told the court, as he urged it to keep the order in abeyance until Kavitha's side is heard.

The Enforcement Directorate (ED), which is also probing a case of money laundering related to the alleged liquor policy scam in the national capital, arrested Kavitha on March 15 after searches at her residence in Hyderabad.

It has been claimed that Kavitha was involved in establishing the money laundering ecosystem, i.e., M/s Indo Spirits, through her proxy, which generated proceeds of crime worth Rs 192.8 crore.