Delhi excise case: ED acting as ‘persecuting agency’, K Kavitha’s lawyer tells court

The counsel for BRS leader K Kavitha, arrested in connection with the excise policy ‘scam’, on Monday told a court here that Enforcement Directorate was acting as a “persecuting agency” and the probe against his client was “totally motivated”. The arguments were made before Special Judge Kaveri Baweja by senior advocate Abhishek Singhvi, who argued for Kavitha’s bail.

“ED is not acting as a prosecuting agency but as a persecuting agency… There is no fairness or impartiality. The probe is totally motivated. They say either we will arrest you or if I don’t arrest you, I will play the game of cat and mouse,” he said.

Underscoring that the agency had repeatedly summoned the Bharat Rashtra Samithi (BRS) leader, Singhvi said, “A summon a day keeps ED happy much like an apple a day keeps the doctor away.”

When asked by the judge whether he was arguing for Kavitha’s interim plea or the final bail application, the senior advocate said that he was arguing both for the interim bail and the final bail and that even if the interim relief was granted or denied, the option of final relief remained open.

“Court can always give the lesser relief. It is the court’s prerogative…the court’s discretion is wide enough,” he said.

On Monday, Singhvi mentioned five grounds for bail, including the necessity of Kavitha’s arrest. “After issuing summons, ED moves a mentioning note before the Supreme Court. On March 15, the matter is heard and additional solicitor general (ASG) S V Raju retracts his statement which in itself is unfair. The judge gives March 19 the next date of hearing. The same day they arrive at my house at 1:30 pm,” he said. The counsel said that Kavitha had deep roots in society and that she could not be treated as a common criminal or a “gangster”.

Special standing counsel for ED, Zoheb Hossain, vehemently opposed Singhvi’s contention that he was arguing for both interim and final bail plea.

“You can’t have your cake and eat it too. Today, we had to argue just on interim bail…,” he said.

The ED had earlier submitted its replies before the court on both the interim and final bail plea.

Hossain said Kavitha had mentioned interim reasons, such as her son’s examinations as among the grounds for the interim bail, and Singhvi could not “canvass” the entire grounds for bail.

The court has posted the matter on April 4 for further arguments from Singhvi.

Kavitha is allegedly a key member of the ‘South Group’, which has been accused of paying the ruling AAP in Delhi kickbacks of Rs 100 crore in return for a big share of liquor licences in the national capital. She was sent to 14-day judicial custody last Tuesday.

Kavitha, 46, was arrested from her Banjara Hills residence on March 15 amid protests by BRS supporters.

The BRS leader was then sent to seven-day ED custody the next day. Her custodial interrogation was later extended by three days.