sc-reminds-sibal-political-status-no-basis-to-bypass-legal-process-denies-bail-for-kavitha-in-delhi-liquor-scam

The Supreme Court on Friday has rejected the bail plea of BRS leader K Kavitha, who was arrested by the Enforcement Directorate (ED) in connection with the Delhi excise policy scam case.

 

The bench comprising Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi directed Kavitha to seek relief from the trial court, emphasising the established procedural norms.

 

In response to senior advocate Kapil Sibal, representing Kavitha, the court maintained that the legal process cannot be bypassed solely on the grounds of political affiliation or accessibility to the Supreme Court.

 

"We are very clear that merely because you are a politician and afford to approach Supreme Court we can't bypass the procedure for you," the SC bench maintained.

 

Furthermore, the Supreme Court issued a notice to the ED, granting six weeks to respond to Kavitha's plea challenging the provisions of the Prevention of Money Laundering Act (PMLA).

 

The bench clarified that the petition challenging these provisions will be addressed alongside pending matters.

 

While refraining from delving into the merits of the case, the court reiterated its stance on adhering to procedural fairness.

 

Kavitha, a member of the Telangana Legislative Council and daughter of former Chief Minister K Chandrashekar Rao, was placed in ED custody until March 23 following her arrest. 

 

She was apprehended from her residence in Banjara Hills, Hyderabad.

 

In a fresh plea, Kavitha sought the nullification of the actions leading to her arrest, citing them as unlawful, arbitrary, and violative of statutory provisions, particularly concerning women's rights under the Prevention of Money Laundering Act, 2002.