New Delhi: The Supreme Court on Friday refused to entertain the bail plea by Bharat Rashtra Samithi (BRS) MLC K Kavitha against her arrest in a money-laundering case related to the Delhi excise policy irregularities matter.
A three-judge bench led by Justice Sanjiv Khanna told senior advocate Kapil Sibal, representing Kavitha, that the court was not willing to entertain her plea. The bench told Sibal, representing Kavitha, to not get emotional. This will take time. The bench told Sibal that regarding bail you have to go to trial court.
The bench made it clear to Sibal that it would not entertain a bail plea directly because a political person is involved or the person can afford to come directly to the apex court. The bench told Sibal to move the trial court first.
At the beginning of the hearing, Sibal submitted before the bench, "Please don't tell us to approach the high court. See what has happened in the case of Hemant Soren."
Sibal cited ED’s statement before the top court in September 2023 after summons were issued to her. However, the bench, also comprising justices M M Sundresh and Bela M Trivedi, told Sibal that there are two things as far as vires of the Prevention of Money Laundering Act is concerned and that the court would consider her plea, as it is already examining the matter. “It would require time," added the bench.
The apex court told Sibal that there was no interim relief in her pending plea which was withdrawn on March 19. “When you withdrew her petition against the summons, you didn't raise the question of interim relief…”, said the bench. Sibal said his client was arrested by then.
The bench made it clear to Sibal that as far as bail is concerned, you have to go to trial court. “We are very clear, merely because you are a politician and can afford to approach SC, we can't bypass procedure," said the bench.
After hearing submissions, the bench issued notice to the Union government on Kavitha’s petition challenging the validity of the Prevention of Money Laundering Act, seeking a response within six weeks.
Kavitha was arrested from her residence in Hyderabad on March 15. She has been sent to custodial remand of the agency till March 23.
The ED alleged that Kavitha was a part of the South lobby which had paid an illegal gratification of Rs 100 crores in cash to the politicians and public servants in Delhi for manipulating the liquor policy of the Delhi government and she was also a major beneficiary of it.
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