New Delhi: The Enforcement Directorate (ED) Tuesday submitted before the Supreme Court that it wouldn't summon Bharat Rashtra Samithi (BRS) leader and daughter of Telangana Chief Minister, K Kavitha until her petition is heard by the court on the next date, November 20.
Additional Solicitor General (AGS) SV Raju submitted before a bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia that the Enforcement Directorate has not called her and a 10 days’ notice would be given. Kavitha’s counsel submitted before the court that in the previous hearing the ED said she would not be called for next ten days.
Justice Kaul told Raju that the court will have to hear the matter, and “in the meantime, don't call her…”. The ED’s counsel agreed to it. The bench told Kavitha’s counsel that ASG has given a statement in the court and “it is an old pronouncement of what he had assured”.
During the hearing, the bench queried Kavitha’s counsel, what is the matter required to be heard on, as there is a batch of pleas? The court was informed the issue is whether a woman can be called or whether she has to be interrogated at her residence. “You cannot say a woman cannot be called at all whether as an accused or in whatever capacity, there has to be some safeguard”, observed Justice Kaul. Kavitha’s counsel said he would establish it was a calculative abuse of the process and he will demonstrate it before the court.
The bench said, “There are cases where there is abuse and there are cases also for a different kind, therefore there is no one line which works for all of them….”. After hearing submissions, the bench scheduled the matter for further hearing on November 20.
On September 15, the Enforcement Directorate (ED) informed the Supreme Court that it would not insist on summons issued to Kavitha for her appearance today before it in connection with the Delhi excise scam. The apex court was hearing a plea by Kavitha challenging the summons by the ED in the case. She had also requested protection from arrest. The BRS leader has denied all allegations against her.
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