Delhi HC to hear arguments of ED, CBI against Kavitha today

New Delhi: The Delhi High Court will hear arguments of the investigating agencies, the Enforcement Directorate and Central Bureau of Investigation, on Tuesday in the case of the arrest of BRS MLC K Kavitha in the Delhi Liquor Policy case.

The court took up the hearing on Monday on the petitions filed by Kavitha seeking bail in cases registered by the ED and CBI. Justice Swarna Kanth Sharma took up the case. Arguing on behalf of Kavitha, advocate Vikram Chaudhary said she was arrested against the rules. He explained that the ED had given an undertaking to the Supreme Court that they would not take adverse steps against Kavitha. A petition was filed in the SC raising issues in the CRPC for clarification in the matter of investigating women. While the investigation was ongoing, the ED and CBI issued summons.

Chaudhary pointed out that when the same matter was mentioned in the SC, the Additional Solicitor-General had said that summons would not be issued until further investigation. One fine day, they searched Kavitha's house and arrested her in the evening the same day. The advocate said Kavitha was a key leader and MLC of a party and that she was arrested on false charges. He pointed out that the investigating agencies acted in a manner that violated their rights. First, the agencies gave notice under Section 161 of the CrPC and later changed to 41(A), which is not known why they did so.

He also brought to the court’s attention that while Kavitha was under judicial custody, the CBI filed a petition for questioning, which the court also accepted, but Kavitha had no information regarding this. The ED and the CBI have filed a counter-affidavit. The court will hear their version after noon on Tuesday. The court appreciated the arguments of Chaudhary and allowed the agencies to take up arguments.