Excise case: Kavitha to skip CBI summons sent to 'suspects' under CrPC

Former Telangana Chief Minister K Chandrasekhar Rao's daughter K Kavitha who was summoned by the CBI in the Delhi Excise Policy case under a CrPC section meant for 'suspects', on Sunday asked the agency to keep the notice in abeyance, citing upcoming parliamentary polls.
 

The BRS MLC was asked to appear before the CBI on Monday, under Section 41A CrPC, under which a notice is issued to a person against whom a "reasonable suspicion" exists that the person had committed a cognisable offence.
 

In a letter to the CBI, she said, “There is absolutely no logic, reason or background forthcoming as to how, why and under what circumstances have you now resorted to Section 41A CrPC." Kavitha said that if required, with prior intimation she would appear through virtual mode, to answer any queries.
 

She pointed out that about 15 months ago, the then Investigating Officer, Deputy Superintendent of Police, CBI ACB issued her a notice under Section 160 CrPC -- which pertains to summoning a witness.
 

In her letter to the CBI, she asked the agency to “revoke or withdraw the subject notice” sent under Section 41A of CrPC.
 

“In the light of my pressing onerous engagements coupled with my commitment to the people of my state and taking into consideration the necessity of my personal presence in my state while the parliamentary elections are underway, your good-self may consider keeping such notice in abeyance,” Kavitha said.
 

Further, she said she is scheduled to attend several one-to-one personal meetings in the next six weeks or so, spread over various districts in the state, thereby rendering her practically incapable of appearing before the CBI in person on February 26.

Since she has absolutely no role to play in any of the accusations, the CBI does not need her assistance any longer in the matter as the case is entirely subjudice before the court of law, she claimed.
 

The present notice under Section 41A CrPC is in complete contrast to the earlier notice under Section 160 CrPC, which was issued to her in December 2022 and which already stands complied with, she said.
 

The CBI had earlier recorded her statement in December 2022 at her residence in Hyderabad in connection with the case.

The Enforcement Directorate has alleged that one of the accused in the case, Vijay Nair, received kickbacks of at least Rs 100 crore from a group called South Group (controlled by Sarath Reddy, Kavitha and Magunta Srinivasulu Reddy) on behalf of leaders of the AAP.
 

The CBI, which has so far filed three charge sheets against a number of accused including former Delhi deputy chief minister Manish Sisodia, has alleged that kickbacks of around Rs 90-100 crore were paid in advance to some politicians of the ruling AAP in Delhi and other public servants by some persons in the liquor business from south India through co-accused Nair, Abhishek Boinpally and Dinesh Arora.
 

The agency has alleged that these kickbacks are found to have been returned to them subsequently out of the profit margins of wholesalers holding L-1 licenses through different modes, like issuance of excess credit notes, bank transfers, and outstanding amounts left in accounts of the companies controlled by some conspirators from the "South lobby".
 

The CBI has alleged a cartel was formed among three components of the policy -- liquor manufacturers, wholesalers and retailers -- by violating provisions and against the spirit of the policy.
 

All the conspirators allegedly played active roles in achieving the illegal objectives of this criminal conspiracy.

It resulted in huge losses to the exchequer and undue pecuniary benefits to the public servants and other accused involved in the conspiracy, the CBI has alleged.