Former CBI JD Lakshminarayana Critiques Kavitha's Arrest Amid Delhi Liquor Scam Probe

In a significant development today in the Delhi liquor scam case, BRS MLC Kavitha Kalvakuntla was arrested by ED officials. Efforts are underway to transfer her to Delhi. VV Lakshminarayana, former Joint Director of CBI and President of the Jai Bharath National Party, responded to these developments.

He explained that under section 161 of CrPC, there is no need for women to go to the inquiry offices, as the inquiry officers will come to the women instead. Previously, ED officials had summoned Kavitha to Delhi, leading her to seek the Supreme Court's intervention. However, ED clarified to the Supreme Court that the inquiry under the PMLA Act differs from CrPC, reminding that the Supreme Court's final decision in this matter is pending.

"The case has been postponed to the 19th of this month by the Supreme Court. Investigative agencies, whether it be ED, CBI, or local police, have the authority to arrest individuals involved in a case. Since Kavitha has been arrested, she must be presented before a magistrate in Delhi tomorrow. ED officials need to explain the reason for her arrest to the magistrate. At the same time, Kavitha's lawyer can also present arguments. Despite cooperating with the investigation agency, one can explain to the magistrate that arresting her is not correct. After hearing both sides, the magistrate will make a decision," Lakshminarayana detailed.

Regarding KTR's comments on transferring Kavitha without a transit warrant, Lakshminarayana responded, "Generally, women should not be arrested from sunset to sunrise. In unavoidable circumstances, special permission from a magistrate is required. This is a standard procedure in CrPC.

However, ED officials claim that CrPC provisions do not apply to them. Regarding transit warrants, according to criminal procedure, if anyone is arrested, they must be presented before a magistrate within 24 hours. Considering the time taken for air or train travel, Kavitha should be presented before the magistrate accordingly. If it takes four hours to transfer her to Delhi, she must be presented within 28 hours."

He further clarified the procedure for presenting an arrested individual before a magistrate and informed rights following the Anvesh Kumar case verdict. Despite Supreme Court orders, arresting her in this manner is not justified, Lakshminarayana remarked.

On the allegations of political motives behind the arrest ahead of elections, he suggested that if Kavitha perceives political reasons for her arrest, these could be presented before the magistrate. He also mentioned that there's no rule against arrests during elections or announcement of the election schedule but acknowledged that such arrests during this time would certainly spark public debate.

Interestingly, Kavitha's arrest and the searches at her residence coincided with Prime Minister Modi's massive rally in Hyderabad, turning the situation into a politically debatable issue.