A summons a day keeps ED happy: K Kavitha to Delhi court in excise policy case

The Enforcement Directorate (ED) is acting like persecution agency, argued Senior Advocate Abhishek Manu Singhvi today while urging a Delhi court to grant bail to Bharat Rashtra Samithi (BRS) leader K Kavitha who was arrested last month in the Delhi excise scam case..Singhvi added that the ED's probe against Kavitha was partial, motivated and unfair. "ED is not acting as a prosecuting agency but as a persecuting agency... There is no fairness or impartiality. The probe is totally motivated. They say either we will arrest you or if I don't arrest you, I will play the game of cat and mouse," he said. He referred to ED's repeated summons to Kavitha and quipped that a summon a day keeps ED happy."A summon a day keeps ED much like an apple a day keeps the doctor away."."The manner in which he (Singhvi) is proceeding is peculiar," replied Special Counsel Zoheb Hossain for the ED. The ED's counsel further told the court that Singhvi should clarify whether he is arguing for interim bail or regular. Hossain added that he is ready to argue both. "They cannot canvas the regular bail and then ask for interim relief... He should argue either the final bail or restrict himself only to interim. He cannot have his cake and eat it too," Hossain said. A reply filed by the ED opposing the grant of interim bail was also handed over to the court, presided by Special Judge Kaveri Baweja today. .Singhvi is yet to conclude his arguments in the matter, which will be heard next on April 4. .Singhvi today maintained that there was no necessity to arrest Kavitha in the excise case."Arun Pillai (a businessman accused in the case) makes a statement which is alleged to be incriminatory of me. 11/11/2022 he makes the statement. Few months later he retracts. Prior to this statement there are 9 statements where he does not name me at all. The 10 one he incriminates me but it is followed by a retraction ... Then there is the chargesheet. This particular chargesheet is of November 2022, 18 months ago .. Yes, you have the power to arrest but you need to show the necessity to arrest. There are multiple chargesheets but you have still not made me an accused," he argued. .He added that Kavitha had cooperated with multiple summons issued by the ED in the matter even though it amounted to harassment. "They summon me and interrogate me. The same day they give me another summons. Even when the ink on the first summon is not dry. Now I appear through counsel. The same day third summons is issued. I appear under protest and the same day, another summons is issued. This is nothing but deliberate harassment," Singhvi said. The senior lawyer also criticised the ED over its alleged conduct. "ED is a super empire. They are beyond the court, the country and the Constitution. It is harassment ... They say they did not make any statement and press reports can't be relied upon. According to them no one can be trusted except the ED."Singhvi further claimed that the ED had acted unfairly in reneging on an alleged undertaking given before the Supreme Court to not take any coercive steps against Kavitha for the time-being. This much is clear that the assurance was till March 15. Let us assume that on that day you say you want to retract (the undertaking or assurance), but the court has not allowed that. Barely an hour later you come to my house? This is murder of (the ground of) 'necessity' to arrest," Singhvi said..Advocate Nitesh Rana also appeared for Kavitha today and urged the Court to allow the provision of home-cooked food, books, sports shoes and prayer beads to Kavitha while she is in jail..Kavitha was arrested on March 15 evening from Hyderabad, hours after an ED team searched the premises and interrogated her.She is among some of the most high-profile politicians to be arrested by the ED in the Delhi excise policy case.Other political leaders arrested in this case include Delhi Chief Minster Arvind Kejriwal, Delhi's Deputy Chief Minister Manish Sisodia and Aam Aadmi Party (AAP) leader Sanjay Singh.All of them are accused of being part of a conspiracy to frame the now-scrapped Delhi Excise Policy for 2021-22 in a manner that enabled money laundering and benefitted certain liquor lobby groups.The ED has claimed Kavitha was linked to a "South Group" lobby of liquor traders who were trying to play a larger role under the excise policy.It has been alleged that one of the accused in the case, Vijay Nair, received kickbacks to the tune of at least ₹100 crores on behalf of AAP leaders from the "South Group", allegedly controlled by Sarath Reddy, K Kavitha and Magunta Srinivasulu Reddy.Kavitha has claimed that she is innocent and counter-alleged that the Central government was misusing the ED to gain ground in Telangana.On March 16, the Rouse Avenue Court remanded her to ED custody for a week.On March 22, the Supreme Court denied any urgent relief to her and added that she would have to approach the trial court for bail.On March 26, she was sent to judicial custody by the trial court until April 9.Meanwhile, she filed a plea for interim bail.On a related note, co-accused Arvind Kejriwal was sent to judicial custody till April 15 in the same case earlier today, after the ED's custody over him expired this morning.