New Delhi: The Enforcement Directorate (ED) on Tuesday told the Supreme Court that it will file its response by August 22, on the bail plea filed by BRS leader K Kavitha in a money laundering case linked with the alleged Delhi excise policy scam. A bench comprising justices BR Gavai and KV Viswanathan took up the matter today. Additional solicitor general (ASG) SV Raju, representing the ED and the Central Bureau of Investigation (CBI), submitted before the bench that the CBI's counter affidavit has already been filed and the ED's counter affidavit is in the "pipeline". Raju said the ED’s response will be filed by August 22.
Senior advocate Mukul Rohatgi, representing Kavitha, said his client was a co-accused in the matter in which the top court recently granted bail to Manish Sisodia, former deputy chief minister of Delhi and AAP leader.
Rohatgi said she is the only woman accused in the two cases and the investigation is complete in CBI and ED cases, and the charge sheet has been filed. The apex court was informed that a prosecution complaint, which is the ED's version of a charge sheet, has also been filed. Rohatgi said the rigours of section 45 of the Prevention of Money Laundering Act, which stipulates twin conditions for bail, does not apply in his client’s case.
The bench said it will hear and decide both the matters, CBI and ED, together. The bench observed that the High Court has given elaborate reasons as to why Section 45 would apply and scheduled the matter for hearing on August 27, adding that a rejoinder, if any, should be filed by August 23.
On August 12, the top court sought a response from the CBI and the ED on Kavitha's pleas challenging the Delhi High Court's July 1 verdict denying her bail in the two cases. Kavitha has denied all allegations.
The central agencies have lodged separate cases pertaining to alleged corruption and money laundering in the formulation and implementation of the policy. Kavitha was arrested by ED from her Banjara Hills residence in Hyderabad on March 15. The CBI arrested her on April 11 from Tihar jail in connection with the corruption case.
Read more: Delhi Excise Policy Case: Supreme Court Seeks CBI, ED Response On K Kavitha’s Bail Plea