Supreme Court Questions CBI and ED on Evidence Against BRS Leader K Kavitha in Delhi Excise Policy Scam

On Tuesday, the Supreme Court of India pressed the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to present substantive evidence linking BRS leader K Kavitha to the alleged Delhi excise policy scam. The Apex Court’s inquiry came during a hearing on Kavitha’s petitions seeking bail in connection with corruption and money laundering charges related to the case.

A Bench comprising Justice B R Gavai and Justice K V Viswanathan sought to understand the “material” evidence that the investigating agencies had to substantiate their claims against Kavitha. This development comes as the Court examines whether there is sufficient basis for her continued detention.

Senior Advocate Mukul Rohatgi, representing K Kavitha, argued for her bail, stating that both the CBI and the ED had completed their investigations. Rohatgi also cited the Supreme Court’s earlier decision to grant bail to Aam Aadmi Party (AAP) leader Manish Sisodia, who is a co-accused in the same case, as a precedent.

Additional Solicitor General S V Raju, appearing on behalf of the CBI and the ED, alleged that Kavitha had destroyed or formatted her mobile phone, an act that he claimed amounted to tampering with evidence. Rohatgi dismissed this allegation as “bogus,” challenging the prosecution to provide concrete evidence of her involvement.

“What is the material to show that she was involved in the crime?” the Bench questioned Raju, signaling the Court’s demand for clear and compelling proof before it could consider upholding the charges against her.

The hearing, which is ongoing, has attracted significant attention due to the high-profile nature of the accused and the political implications of the case. The Supreme Court had earlier, on August 12, issued notices to the CBI and the ED, seeking their responses to Kavitha’s petitions challenging the Delhi High Court’s decision to deny her bail.

The Delhi High Court, in its July 1 order, had rejected Kavitha’s bail pleas, asserting that she appeared to be a key conspirator in the criminal scheme linked to the now-repealed Delhi Excise Policy 2021-22. The policy itself has been a subject of intense scrutiny, leading to multiple investigations and arrests.

K Kavitha, who was arrested by the ED from her Banjara Hills residence in Hyderabad on March 15, and subsequently by the CBI on April 11 from Tihar Jail, has consistently denied all allegations against her. Her legal team continues to argue that the case against her lacks substantive evidence and is politically motivated.

As the hearing progresses, the Supreme Court’s demand for clear evidence could play a pivotal role in determining the future course of this high-stakes legal battle.

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