Kavitha writes to CBI asking to withdraw notice

She expressed her inability to appear before the investigation agency at the CBI headquarters in Delhi on Monday, due to pressing public engagements and the upcoming Parliamentary elections in Telangana.

Hyderabad: BRS MLC K Kavitha on Sunday wrote to the Central Bureau of Investigation (CBI), urging the agency to withdraw the notice issued to her under Section 41-A of CrPC summoning her for questioning in connection with the Delhi excise policy case. She expressed her inability to appear before the investigation agency at the CBI headquarters in Delhi on Monday, due to pressing public engagements and the upcoming Parliamentary elections in Telangana.

The BRS legislator said the notice to appear at the probe agency’s headquarters should be put in abeyance in the light of her pressing engagements coupled with the necessity of her personal presence in the State while the parliamentary elections were approaching. She also requested the CBI to revoke or withdraw the subject notice under Section 41A CrPC, while not being aware or conscious of the earlier notice sent to her under Section 160 CrPC and was complied with.

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A notice under Section 41A of CrPC is issued to a person against whom a “reasonable suspicion” exists that the person had committed a cognizable offence. Section 160 of the CrPC pertains to summoning a witness. Kavitha said the notice under Section 41A CrPC was in complete contrast to the earlier notice under Section 160 of CrPC issued to her on December 2, 2022.

In December 2022, the CBI had recorded her statement at her residence in Hyderabad. “There is absolutely no logic, reason or background forthcoming as to how, why and under what circumstances you have now resorted to Section 41A CrPC,” she said.

The BRS MLC also pointed out that the matter was sub-judice before the Supreme Court which granted her relief from questioning by the Enforcement Directorate in connection with the case till it reaches a decision. “The same would in essence and spirit apply to the present case as well,” she added. While making it clear that she had no role to play in any accusations and that the CBI does not need her assistance any longer, she assured that she would always be available to appear before the investigation team through any virtual mode, to answer their questions or seek information from her, with prior intimation.