Hyderabad, Feb 25 Bharat Rashtra Samithi (BRS) leader K. Kavitha has told the Central Bureau of Investigation (CBI) that she will not be able to appear before it in the Delhi excise policy case and requested it to revoke or withdraw the notice.
She wrote to the central agency that it had issued fresh notice by invoking Section 41A CrPC came while not "being aware or conscious of the earlier notice sent under Section 160 CrPC".
A day before she was directed to appear before the agency, Kavitha requested the CBI to keep the notice in abeyance in view of her engagements in the run-up to Parliamentary elections.
"In the light of my pressing onerous engagements coupled with my commitment to the people of my state and taking into consideration the necessity of my personal presence in my state while the parliamentary elections are underway, your good self may consider keeping such notice in abeyance,” wrote Kavitha, a member of the Telangana Legislative Council.
"I may also beseech your good self to consider the entire matter with objective understanding and appreciation regarding my onerous engagements, duties and responsibilities towards the people of my state with whom I am scheduled to attend several one to one personal meetings in the next about 6 weeks or so spread over different districts in the state thereby rendering me practically incapable of appearing before you in person on 26.2.2024,” reads the letter by Kavitha, daughter of BRS President and former Chief Minister K. Chandrasekhar Rao.
The former MP, however, conveyed to the central agency that if it required her to answer any queries or questions or to seek any information from her, she shall be always available to appear through any virtual mode.
"I express my grave dismay and concern that your good self has chosen to send me a Notice under Section 41A of CrPC. when about one year and 3 months back on 2.12.2022, the then Investigating Officer, Deputy Superintendent of Police, CBI ACB issued me a similar Notice under Section 160 CrPC.
"Since I have absolutely no role to play in any of the accusations, the CBI does not need my assistance any longer in the matter as the case is entirely sub-judice before the court of law. Present notice under Section 41A CrPC. is in complete contrast to the earlier notice under Section 160 CrPC. which was issued to me on 02.12.2022 and which already stands complied with.
"There is absolutely no logic, reason or background forthcoming as to how, why and under what circumstances have you now resorted to Section 41A Cr.P.C," Kavitha asked.
“When the matter is sub-judice before the Hon'ble Supreme Court albeit in respect to the PMLA case arising out of the connected investigation, wherein a definite statement has been made by the learned ASG that I may not be summoned until the hearing, the same would in essence and spirit apply to the present case as well,” she added.
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