Delhi liquor scam case: ED begins sifting data from Kavitha’s mobile phones

NEW DELHI: The Directorate of Enforcement (ED) on Monday began the process for sifting through the data from the mobile phones of BRS MLC Kalvakuntla Kavitha in connection with the Delhi liquor scam case. These phones were surrendered by the MLC during her third-round questioning in the case on March 21, 2023.

The ED, as part of the procedure to decode the technical and other data from Kavitha’s mobile phones, has reportedly written to the BRS MLC. A joint director of the ED has asked the MLC in the letter to either attend in person or send an authorised person as a witness to the unlocking of the seized phones for technical investigation. In response to this, Kavitha has sent her legal advisor and BRS leader Soma Bharath Kumar to Delhi.

Soma Bharath Kumar arrived at the ED office around 12 noon on Monday to be a witness to the unlocking of the phones. Kavitha, in an attempt to debunk the ED’s claims that she had destroyed all her previous mobile phones to escape from the Delhi liquor scandal, brought nine mobile devices with her when she appeared for questioning for the third time on March 21. Before stepping inside the ED office, she flashed to the media two pouches containing nine mobile phones that she is learnt to have used over the last few years.

In all, the ED took possession of 10 mobile phones belonging to Kavitha so far. On March 11, 2023, during her questioning for the first time, the ED officials seized a phone that the MLC was using till then.

The arrival of Soma Bharath Kumar at the ED office on Monday caused commotion and sparked the speculation that the financial probe agency had once again summoned Kavitha for further questioning in the case. It was rumoured that the BRS MLC again sought more time to respond to the summons in the wake of the adjournment of the Supreme Court hearing on her petition. But it soon came to light that Soma Bharath Kumar came to the ED office only with regard to the unlocking of Kavitha’s mobile phones and participate in the process as a witness, authorised by the MLC.

The development comes a day after a division bench of the Supreme Court heard arguments on a petition filed by Kavitha challenging the ED’s procedure for her questioning in the Delhi liquor scam case. Arguing on behalf of Kavitha, senior advocate and Congress party veteran Kapil Sibal accused the ED of not following the due procedure under Section 160 of the CrPC while investigating a woman. He also questioned the ED’s rationale in grilling her when she was not named anywhere in the FIR of the case. He appealed to the Supreme Court division bench to take cognisance of the court verdicts in the cases of Abhishek Banerjee and Nalini Chidambaram.

Solicitor General Tushar Mehta, appearing for the ED, countered the argument of the petitioner’s counsel saying that the ED’s investigation could not be viewed in the light of the CrPC. Stating that the provisions of the CrPC were different from the Prevention of Money Laundering Act (PMLA), he claimed that the ED had the right under PMLA to question anyone at any time regardless of gender considerations. He said that Kavitha’s questioning by the ED was based on evidence gathered during the course of investigation.

After hearing both sides for over 15 minutes, the Supreme Court division bench adjourned the matter for further hearing to a day after three weeks. Earlier in the month, the ED filed a Caveat urging the apex court not to pass any ruling or interim directions over Kavitha’s petition without hearing its side of arguments.