NEW DELHI: Justice Swaran Kanta Sharma of Delhi High Court on Monday adjourned the hearing on the bail petition of BRS MLC K Kavitha in the Delhi Excise Policy Case investigated by the ED and the CBI till noon of May 28.
While Kavitha sought to quash the remand and her arrest in the case, both the ED and the CBI had submitted their counter petitions to the court opposing her release on bail fearing tampering with evidence.
Kavita's lawyer Vikram Chaudhari on the other hand argued that the ED submitted an undertaking in the Supreme Court that no coercive action would be taken against Kavitha. “The ED has written to the Supreme Court that Kavitha's writ petition is pending in the apex court and the trial is not proceeding. The ED has said that their undertaking is only till the next adjournment. But summons was issued under Section 41 (A) while the case was pending in the Supreme Court,” he argued.
He said that he doesn’t know why notices under 161 CrPC were issued first and then changed to 41 (A). “ The ED team was at Kavitha's house during the hearing in the Supreme Court. She was arrested on the same day,” he pointed out.
On the other hand, the senior lawyer said that CBI filed a plea to question Kavitha in judicial custody while she was in Tihar jail. “The court accepted the petition. But there is no information about it to the accused (Kavitha)
As per the CrPC rules, Kavitha's statement must be considered for questioning by the CBI, he said adding that Kavitha was later arrested by the CBI without an arrest warrant.
