K Kavitha Withdraws 2023 Plea in SC Challenging ED Summons

The Supreme Court on Tuesday allowed K. Kavitha, Bharat Rashtra Samithi legislator, to withdraw the plea, filed by her in March last year, challenging summons issued by the ED to her in connection with the Delhi excise policy case.

New Delhi:The Supreme Court on Tuesday allowed K. Kavitha, Bharat Rashtra Samithi (BRS) legislator, to withdraw the plea, filed by her in March last year, challenging summons issued by the Enforcement Directorate (ED) to her in connection with the Delhi excise policy case.

Senior advocate Vikram Chaudhry, representing Kavitha, submitted before a bench led by Justice Bela M Trivedi that his client would like to withdraw the petition as she had already been arrested on March 15 and remanded to ED custody.

The bench, also comprising Justice Pankaj Mithal, in its order, said, “Learned Senior counsel – Mr. Vikram Chaudhry, for the petitioner – Kalvakuntla Kavitha submits that since the petitioner has already been arrested, the Writ Petition has become infructuous. Learned Senior counsel, therefore, seeks permission to withdraw the Writ Petition, with a view to avail appropriate remedies as may be available under the law. The permission to withdraw the Writ Petition is granted. The Writ Petition is, accordingly, dismissed as withdrawn."

However, Kavitha has moved the top court challenging her arrest. The plea has challenged her remand as well and claimed that 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 Prevention of Money Laundering Act, 2022. Earlier, the ED claimed on Monday that 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 ₹ 100 crores to the AAP leaders in exchange for these favours

ED's claims came three days after it arrested Kavitha, member of Telangana Legislative Council, in the alleged case of Delhi liquor policy scam.

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