Delhi excise policy case: K Kavitha urges court for interim bail

K Kavitha. File Pic/PTI

BRS leader K Kavitha, arrested in the Delhi excise policy scam case, urged a court on Thursday for interim bail, claiming that her 16-year-old son has exams and needs his mother's "moral and emotional support".

The court of Special Judge Kaveri Baweja heard the submissions made by the counsel appearing for Kavitha and the Enforcement Directorate (ED), and reserved its order for Monday.

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During the hearing, senior advocate Abhishek Singhvi, who appeared for the Bharat Rashtra Samithi (BRS) leader, claimed that the perspective of a mother is not substitutable by father, sister or brother.

Singhvi said, "The woman accused in this case has a child whose exams are admittedly in these months, going onto April. It's not that the child is in arms or is toddler. He is 16 years old. The issue is different. It's the moral and emotional support of the mother."

"There is trauma and shock about what has happened and two, there is silence. We have documented databases dealing with the phenomenon. The perspective of a mother is not substitutable by the father or sister or brother. The emotional support of a mother can't be substituted by a 'maasi' also," he told the court.

Singhvi said that no immediate interrogation is there that cannot wait these few weeks.

"Let's take a hypothetical example that your lordships allow her to be with the son for a month. How would heavens fall? Where will the ED go? Where would the accused go. No immediate interrogation is there which can't wait these few weeks. An exam anxiety doesn't have to be a medical condition for the mother to join," he added.

The Enforcement Directorate opposed the submission, claiming that Kavitha destroyed evidence and influenced witnesses in the case.

"The accused in question is one of the prime movers of giving bribes. She is not only part of arranging kickbacks in advance but also beneficiary through indospirit. I am not relying on statements alone. I have material, WhatsApp documents etc. There are direct proceeds of crime through bank accounts, where she is a beneficiary," the ED's counsel told the judge.

He added that four mobile phones were "completely wiped out" by the accused.

"We are (on the) verge of a crucial breakthrough, and any relief at this stage will hamper the investigation. There is influencing of witness, there is an attempt to make at least two or three witnesses to retract statements. Out of which one or two people, she has already succeeded. Third person came forward to us and said that she exerted pressure on him. There is an apparent destruction of evidence,¿ the ED counsel said.

In an application moved on behalf of the BRS leader, advocate Nitesh Rana sought relief for her, claiming that Kavitha had deep roots in society and that she could not be treated as a common criminal or a "gangster".

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.

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

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