SC says BRS leader Kavitha cannot take shortcut to bail, asks her to move trial court

The Supreme Court on Friday refused to entertain a plea for bail by Bharat Rashtra Samithi (BRS) MLA K. Kavitha, arrested by the Enforcement Directorate, in connection with the Delhi excise policy case.

A threejudge Bench headed by Justice Sanjiv Khanna advised Ms. Kavitha, represented by senior advocate Kapil Sibal, to approach the trial court for bail. The Bench asked the trial court, if an application for bail is filed, to decide it expeditiously.

“Merely because she is a political person or someone who can afford to approach the Supreme Court directly does not mean she can bypass statutory routes. For bail, you have to go through the trial court,” Justice Khanna told Mr. Sibal.

The top court issued notice to the ED on a writ petition filed by Ms. Kavitha seeking to quash her arrest in the case.

The Bench tagged it with other petitions challenging the larger questions regarding ED’s sweeping powers under the Prevention of Money Laundering Act to raid, summon and arrest persons.

On July 27, 2022, the top court upheld the core amendments to the Act which had enhanced ED’s powers. Multiple petitions, including one by Congress leader Karti Chidambaram, seeking a review of the 2022 verdict are pending before Justice Khanna’s Special Bench. Ms. Kavitha’s petition has been attached to this batch, which would likely be listed in July 2024.

Ms. Kavitha, daughter of former Telangana Chief Minister K. Chandrashekar Rao, was remanded in ED custody till Saturday in the case.

She has urged the court to “quash and set aside the entire action taken by the ED leading to the arrest of the petitioner as the same is wholly nonest; illegal, arbitrary, unconstitutional, contrary to the undertaking tendered before this court and also being violative of the postulates of Section 19 of Prevention of Money Laundering Act, 2002 especially qua a woman”.

Ms. Kavitha was arrested by the federal antimoney laundering agency from her Banjara Hills residence in Hyderabad on Friday amid protests by BRS supporters.

Court issues notice to ED on a writ petition filed by Kavitha seeking to quash her arrest in the case