In New Delhi, the Supreme Court rebuffed the bail plea presented by Bharat Rashtra Samithi (BRS) MLC K Kavitha concerning her apprehension in a money-laundering lawsuit associated with discrepancies in the Delhi excise policy.
A three-member panel led by Justice Sanjiv Khanna informed senior advocate Kapil Sibal, representing Kavitha, that the court was disinclined to consider her appeal. Advising Sibal against emotional entreaties, the panel emphasized the necessity for patience, stressing that resorting to the trial court was imperative for bail matters.
The panel unequivocally conveyed to Sibal that they would not entertain a direct bail plea, especially due to political affiliations or the individual’s capacity to approach the apex court directly. Instead, they directed Sibal to initiate proceedings at the trial court.
During the commencement of the hearing, Sibal urged the panel, “Please refrain from directing us to the high court. Consider the precedent set by the Hemant Soren case.”
Referencing the ED’s pronouncement in September 2023 subsequent to the summons issued to Kavitha, Sibal argued his case before the apex court. However, the panel, comprising justices M M Sundresh and Bela M Trivedi, apprised Sibal of two critical aspects regarding the vires of the Prevention of Money Laundering Act, assuring him that the matter was under scrutiny. “Time will be requisite,” the panel appended.
The apex court clarified to Sibal that no interim reprieve was extended for her prior plea, which was retracted on March 19. “Upon retracting the petition against the summons, you refrained from raising the issue of interim respite…,” the panel noted. Sibal cited the arrest of his client subsequent to the withdrawal.
Emphasizing the imperative of adhering to procedural norms, the panel iterated to Sibal that the trial court was the appropriate forum for seeking bail. “We assert unequivocally, the status of being a politician and the financial capacity to approach the SC cannot circumvent due process,” the panel articulated.
Post the deliberations, the panel served notice to the Union government regarding Kavitha’s petition contesting the legitimacy of the Prevention of Money Laundering Act, mandating a response within six weeks.
Kavitha was apprehended from her domicile in Hyderabad on March 15 and remanded to the custody of the agency until March 23.
The ED alleged Kavitha’s involvement in a Southern clique that disbursed an illicit gratuity of Rs 100 crores in cash to politicians and public servants in Delhi, aiming to influence the liquor policy of the Delhi government, with Kavitha purportedly being a significant beneficiary thereof.
