Supreme Court denies relief to K Kavitha in Delhi Excise Policy case, asks her to move trial court for bail

The Supreme Court on Friday refused to grant any urgent relief to Bharat Rashtra Samithi (BRS) leader K Kavitha, who was recently arrested by the Enforcement Directorate (ED) in a money laundering case connected to the Delhi Excise Policy case [Kalvakuntla Kavitha v. Directorate of Enforcement].A special bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi said that she would have to approach the trial court for bail."On all matters if under Article 32 they seek bail...You cannot argue on merits. We have to be uniform. We can issue notice in the main plea about constitutional challenge and keep it later," the Court told Senior Advocate Kapil Sibal, who was representing Kavitha. .The Court issued notice in Kavitha's challenge against provisions of the Prevention of Money Laundering Act (PMLA) and tagged the matter with the petitions seeking review of the Vijay Madanlal judgment.While refusing to say anything on the merits of the case against Kavitha, the Court, however, directed that her bail plea be decided expeditiously..Soon after her arrest by the ED, Kavitha had moved the Supreme Court against her arrest. A Delhi court had on March 16 remanded her to ED custody for a week.Kavitha was arrested on March 15 from Hyderabad, hours after an ED team searched the premises and interrogated her..During the hearing today, Sibal at the outset made a request to the Court to not ask her to approach the High Court first.While the submission was met by laughter, Sibal said,"Please see what is happening in the country. All the statements are by approvers. I am very upset as counsel."The Court urged the senior counsel to not be overcome by emotions."Do not get emotional. This will take time. Vijay Madanlal review we are hearing. Regarding bail, you have to go to trial court," it said..While Sibal also referred to the case of former Jharkhand Chief Minister Hemant Soren, who was also recently arrested by the ED in a money laundering case, the Court said it cannot entertain Kavitha's petition directly just because she was a political person.Sibal then said that she was not "even in the character of an accused yet" as per a statement made in her case before the top court itself against the ED summons.However, the Court was not convinced and issued notice only with respect to the challenge against provisions of PMLA.After the Court dictated the order, Sibal said,"When history of this court is written, this period will not be golden...If my lords don't mind me saying.".The ED has claimed that Kavitha was linked to a "South Group" lobby of liquor traders who were trying to play a larger role under the now scrapped Delhi Excise Policy for 2021-22.It has been alleged that one of the accused in the case, Vijay Nair, received kickbacks to the tune of at least ₹100 crore on behalf of Aam Aadmi Party (AAP) leaders from the "South Group", allegedly controlled by Sarath Reddy, K Kavitha and Magunta Srinivasulu Reddy.The ED questioned Kavitha thrice last year in this case and again summoned her this year, but she did not depose, citing a Supreme Court direction that allowed her protection from any coercive action.After she was arrested, she was brought to Delhi and Special Judge MK Nagpal of the Rouse Avenue Court remanded her to ED custody till March 23.Kavitha was the third high-profile political leader to have been arrested by the ED in the excise policy case.Former Delhi Deputy Chief Minister Manish Sisodia and AAP Rajya Sabha MP Sanjay Singh are already behind bars in the case, with the former's curative petition seeking release from custody having been dismissed recently.Following his arrest just yesterday night, Delhi Chief Minister and Aam Aadmi Party (AAP) National Convenor Arvind Kejriwal has also moved the Supreme Court.