SC refuses to entertain BRS leader K Kavitha’s bail plea in Delhi excise policy case

NEW DELHI: The Supreme Court on Friday refused to entertain BRS leader K Kavitha’s bail plea in the Delhi excise policy case and asked her to move the trial court with the direction that if the bail application is filed, it will be decided expeditiously.

A bench of Justices Sanjiv Khanna, M M Sundresh and Bela M Trivedi remarked that it has to follow a uniform policy for all and can’t allow people to approach the top court directly for bail as they are political people.

The court said that BRS leader K Kavitha could move the trial court or invoke any other remedy for the grant of bail. The court directed that if a bail application is filed then it should be decided expeditiously.

Meanwhile, the court issued notice on BRS leader K Kavitha plea challenging certain provisions of the Prevention of Money Laundering Act (PMLA) and tagged with other petitions raising similar issues.

When the hearing began, senior advocate Kapil Sibal expressed upset about what is happening in the country these days. However, the court remarked to Kavitha’s lawyer not to be upset. Kavitha, in her plea, has challenged section 19 (1) of the PMLA Act.

#WATCH | Delhi: On ED arrest of Delhi CM Arvind Kejriwal, Rajya Sabha MP and Senior advocate Kapil Sibal says, "INDIA Alliance has to decide what to do. I have been saying since the beginning that the alliance has to come together against all of this… This is a zero case… The… pic.twitter.com/YaNWHKgZ8H

— ANI (@ANI) March 22, 2024

K Kavitha, through her advocate P Mohith Rao, moved the Supreme Court on Monday challenging her arrest by the Enforcement Directorate (ED) in a money laundering case relating to Delhi excise policy irregularities.

Kavitha, who was arrested by an ED team on March 15, is in ED’s custodial interrogation for seven days till March 23. She was arrested after a search operation conducted at Kavitha’s residence in Hyderabad on the same day.

The BRS leader in her petition has also challenged her remand as well and said the remand order doesn’t adhere to Article 141 which states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. K Kavitha in her plea also challenged section 19 (1) of the PMLA Act.

BRS leader K Kavitha on Tuesday withdrew from the Supreme Court her petition challenging summons by the Directorate of Enforcement (ED).

Earlier, the Enforcement Directorate claimed on Monday that BRS MLC K Kavitha allegedly conspired with the top leaders of Aam Aadmi Party (AAP) including Arvind Kejriwal and Manish Sisodia to get favours in the Delhi Excise policy formulation and implementation, and she was involved in paying Rs 100 crore to the AAP leaders in exchange for these favours

The ED’s claims came three days after it arrested Kavitha, member of the Telangana Legislative Council, in the alleged case of Delhi liquor policy scam. Kavitha was arrested after a search operation conducted at Kavitha’s residence in Hyderabad on the same day. During the search proceedings, the ED officials said they were obstructed by the relatives and associates of Kavitha.

“The ED investigation revealed that K Kavitha, along with others, allegedly conspired with the top leaders of AAP including Arvind Kejriwal and Manish Sisodia for getting favours in the Delhi Excise policy formulation and implementation”, ED claimed in a statement.

“In exchange for these favours, she was involved in paying Rs 100 crore to the leaders of AAP. By the acts of corruption and conspiracy in the formulation and implementation of Delhi Excise Policy 2021-22, a continuous stream of illegal funds in the form of kickback, from the wholesalers was generated for the AAP”, it added.

To date, the ED has conducted searches on 245 locations across the country including Delhi, Hyderabad, Chennai, Mumbai and other places. A total of 15 persons including Manish Sisodia, Sanjay Singh and Vijay Nair from AAP have been arrested in the case so far. The ED has filed one prosecution complaint and five supplementary complaints in the case so far.

“Further, out of proceeds of crime generated, assets worth Rs 128.79 crore have been traced so far and have been attached vide Provisional Attachment Orders dated January 24, 2023 and July 3, 2023. Both the attachment orders have been confirmed by the Adjudicating Authority, New Delhi”, claimed the ED. (ANI)