Hyderabad: In a significant move, the CBI — for which the state government withdrew general consent to operate in Telangana a few months ago — served notice to TRS MLC K. Kavitha, daughter of Chief Minister K Chandrasekhar Rao, to appear before the agency for questioning in Delhi liquor scam case.
The CBI requested Kavitha to intimate the place of residence — Hyderabad or preferably Delhi — as per her convenience for her examination at 11 am on December 6, under Section 160 of the Criminal Procedure Code.
In reply, Kavitha, in a post on Twitter, asked CBI officials to question her at her residence in Hyderabad.
What happens next remains to be seen as the CBI as things stand cannot operate in Telangana without the consent of the state government. Some legal experts said the application of Section 160 in this case was illegal.
The fact that the government had withdrawn general consent became public on October 28 during the initial round of hearings into the Poachgate case in the Telanganan High Court
Kavitha stated that the CBI had issued notice under Section 160 the CrPC and asked her to appear before the agency in giving a choice of place.
The CBI notice comes two days after the Enforcement Directorate (ED) named Kavitha and others in a remand report, stating some Hyderabad-based businessmen and political leaders had formed a ‘South Group’ in influencing the government in Delhi to allocate liquor shops.
In the notice, the CBI mentioned Kavitha’s residential address in Road No 12, Banjara Hills. It said that during the course of investigation in the Delhi liquor scam case, certain facts had emerged with which Kavitha may be acquainted with. Hence her examination on such facts was required in the interest of investigation.
Asked about the notice, TS High Court senior advocate Pattabhi Vemulapati said that serving notice to a resident of Hyderabad under Section 160 of the CrPC was illegal as the case was registered in Delhi.
An agency can serve notice under Section 160 only to anyone who stays in the jurisdiction, or stays in adjoining police limits, he said. Vulapati said that the courts had given judgment earlier in similar issues over the matter of serving Section 160 notices.
…
