The Enforcement Directorate (ED), while demanding the judicial custody of Bharat Rashtra Samithi (BRS) MLC, K Kavitha in a Delhi court today, in its application said that she is highly influential and there is every likelihood she will influence the witnesses and tamper with the evidence if released.

The court extended the judicial custody of K Kavitha till April 23 in connection with the money laundering case related to the alleged excise policy scam.

K Kavitha was presented before Special Judge Kaveri Baweja of the Rouse Avenue Court on the expiry of her 14 days’ judicial custody.

‘Opposition looking up to judiciary with great hope’

K Kavitha wrote a letter to the court saying that the opposition parties are looking up to the judiciary with great hope.

“Being a woman politician, I am the most victimised which has severely dented my political reputation. In this dire situation, Madam Justice, the opposition parties are looking up to the judiciary with great hope to give us respite,” reads the four-page hand-written letter of Kavitha to the Delhi court.

She said that she has time and again cooperated with the investigating agencies.

“My personal contact number was displayed on all TV channels which has invaded my privacy. Without any prejudice to my rights, I would like to say that I have neither any involvement nor obtained any financial benefit from the said matters in the case,” her letter reads.

Calling ED and CBI investigation “never-ending”, Kavitha said that the past two years of probe has turned into a media trial.

“I have appeared before them (investigating agencies) four times and have answered all the questions to the best of my knowledge. Gave all bank and business details,” she writes in the letter.

She said that at least 95% of cases lodged by ED or CBI are against the opposition party leaders and if the accused joins BJP, the investigation abruptly ends.

“Madam Justice, on the floor of the parliament, the BJP leaders openly threaten the opposition saying, ‘Chup ho Jao, warna ED bhejunga’ (shut up or I’ll send ED),” reads the letter.

She said that the agency raids have physically and mentally tortured and threatened her as well.

Court denies bail

Kavitha has sought bail in her letter stating about her son's exams and the importance of being with him during this crucial time.

On Apr 8, the same court denied her interim bail. She had moved the court for relief on grounds of her son’s exams.

The court had noted that she not only engaged in destruction of material evidence by formatting her phones before joining the investigation and after being served with a notice requiring her to appear, along with her digital devices, but also has been instrumental in influencing witnesses.

The court noted that there was likelihood of her continuing to do so, in case the interim bail prayed for is granted to her.

Last time, while seeking her judicial custody, the ED had claimed that the investigation into economic crimes is "more complex than ordinary crimes as economic offenders are resourceful and influential persons having deep roots in society."

The ED had claimed that they commit the said crimes in a ‘carefully planned and meticulous manner’, thereby rendering the investigation process a complicated exercise.

Special Counsel for ED, Zoheb Hossain had earlier told the court that Kavitha conspired with other people and was actively involved in the payment of kickbacks to the tune of ₹100 crore.

Zoheb Hossain had claimed that she was involved in establishing the money laundering ecosystem i.e. M/s Indo Spirits through her proxy, which generated proceeds of crime worth ₹192.8 crore.

“By such acts, Kavitha is involved in various processes and activities relating to Proceeds of Crime (POC) to the tune of at least ₹292.8 crore,” the ED alleged.

Zoheb Hossain had submitted that even after giving multiple opportunities to cooperate in the investigation and recording of statements, Kavitha has not given true and complete disclosure.

“... she is giving evasive replies during the custodial interrogation,” he had said.

Further, a Directorate of Forensic Science report dated May 17, 2023 reflected the formatting of mobile data during the ED probe period.

“Data in her mobile phone has been extracted and is being analysed,” the ED had said.

Also read:

Excise policy case: Delhi HC dismisses CM Kejriwal’s plea challenging arrest by ED