BRS leader K Kavitha’s judicial custody extended till June 3

In another setback, the Delhi Rouse Avenue court on Monday extended the judicial custody of Bharat Rashtra Samithi (BRS) leader K Kavitha in the Delhi excise policy case until June 3. The custody was extended in cases being investigated by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

BRS leader K Kavitha’s lawyer argued that the chargesheet has been filed and cognisance hasn’t been taken by the court yet, and hence, the court cannot extend her custody, and she is entitled to be released.

Appearing for K Kavitha, Advocate Nitesh Rana called the BRS leader’s custody after May 13 as illegal. The chargesheet was filed against her on the same day. The counsel questioned under which provision of the Code of Criminal Procedure the investigation agency is seeking further judicial custody. Responding, the ED’s counsel stated that the court is empowered to extend custody under Section 167 CrPC and post-cognizance under Section 309 CrPC.

Subsequently, when the court questioned Kavitha’s counsel on what should be done, mentioning that the bail application is still pending, the Advocate replied that the BRS leader should be released. 

The counsel further argued that they are in a precarious situation since the court cannot extend custody under Section 167 without taking cognisance of the chargesheet. Nonetheless, the court decided to extend the judicial custody until June 3.

Earlier on Thursday, the Delhi High Court had issued a notice to the CBI on the bail plea filed by Kavitha. A bench comprising Justice Swarna Kanta Sharma will hear bail pleas filed by the BRS leader in both the CBI and ED cases on May 24. The ED arrested Kavitha from her Hyderabad residence on March 15, and she was in judicial custody in the case. Later, the CBI arrested her in Tihar jail.

The central investigation agency has alleged that K Kavitha was a key member of the South Group that has been accused of paying the Aam Aadmi Party (AAP) alleged kickbacks of Rs 100 crore in return for a big share of liquor licences in the national capital, as part of the now-scrapped Delhi excise policy for 2021-22.

However, K Kavitha, in her bail plea, stated that she has nothing to do with the excise policy and that there is a criminal conspiracy against her orchestrated by the ruling party at the Centre with the active connivance of the ED. 



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