Liquor Policy Scam: Delhi High Court Adjourns BRS Leader Kavitha's Bail Petition till May 28

The CBI and ED had both submitted their counter-appeal to the court opposing Kavitha’s release on bail for tampering with evidence, while she attempted to revoke the remand and her arrest in the case.

However, Vikram Chaudhari, lawyer of Kavitha, contended that the ED submitted an undertaking in the Supreme Court that no compelling action would be taken against her. “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 contended.

He said that he doesn’t know why notices under 161 CrPc were issued initially and then amended 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 said.

The senior lawyer said that when Kavitha was being held at Tihart jail, the CBI had submitted a plea to question Kavitha in judicial custody. “The court accepted the petition. But there is no information about it to the accused (Kavitha).

He added that Kavitha was then taken into custody by the CBI without an arrest warrant, in accordance with the CrPc regulations, and that the CBI must take Kavitha’s statement into consideration when interviewing her.

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.

He further added that Kavitha’s statement had to be taken into consideration for questioning by the CBI by the CrPc regulations and that Kavitha was thereafter taken into custody by the CBI without an arrest warrant.