Kavitha’s case: ED’s self-goal !?
During the ED’s enquiry in the Delhi liquor scam case…it appears that there are certain points missed out by the ED and they might have become handy for the BRS MLC Kavitha according to legal experts and political analysts. There seems to be three major points missed out by the ED and in the process and those points may keep the ED on the defensive at least for the time being. The legal experts & political analysts do feel that in the heat of debates & discussions to decide about the path forward in this case, certain unexpected developments are emerging. The BRS MLC Kavitha, citing rule position expressed her inability to attend the investigations. However, there are certain opinions saying that in fact that opportunity was given to Kavitha by ED itself, though unwittingly.
Let’s examine and try to check out those three major points according to the experts’ opinion:
ONE: As per Section 160 of CRPC, women need to be examined / questioned only at their place of residence, yet ED chose to summon Kavitha to their office and thus the FIRST mistake was committed.
TWO: In the process of questioning Kavitha, one of the points is that – whether ED officers have asked the questions that are supposed to be asked by the CBI…according to Kavitha, the answer is YES! The ED’s officers are expected to limit themselves by asking Kavitha ONLY about how much money she has got in this particular scam and where that money was kept by her. This methodology is known as ‘proceeds of crime’. The issues like using phones and destruction of the phones and all such points doesn’t come in the purview of ED but fall under CBI’s purview, according to the MLC, Kavitha. The other questions like how the liquor policy was drafted and what are all the changes incorporated in the policy also fall in the purview of CBI only and ED has nothing to do with such questions and is not supposed to ask. If the officers of the ED miss this thin line and go ahead asking these questions, then they may run in to troubled waters. If the ED is asking questions related with predicate offence, and then it may be said that the ED has done a mistake on that grounds.
THREE: The questions asked by ED crossing the said limits comes under double jeopardy and may have significant impact on the case itself about which the ED is investigating. Moreover as per Article 20 and Sub Article 2 of the Indian Constitution, the case may become null and void.
With all the above points and the confidence that comes out of these points only, perhaps the BRS MLC Kavitha must have been enjoying a cup of green tea quietly and relaxing at her residence in Delhi at this moment. Only time will tell, whether the ED’s over enthusiasm is going to help her and be advantageous to her and that can be any body’s guess!