New Delhi: The Supreme Court declined to grant bail to BRS leader K. Kavitha, arrested by the Enforcement Directorate (ED) in connection with a money laundering case linked to the Delhi excise policy scam. Instead, the court instructed her to seek relief from the trial court. This decision follows the recent arrest of Delhi Chief Minister Arvind Kejriwal by the ED in the same case.
A bench comprising Justices Sanjiv Khanna, M.M. Sundresh, and Bela M. Trivedi directed Kavitha to approach the trial court, underscoring that it is a procedural norm followed by the court and cannot be bypassed.
While issuing notice to the ED and seeking its response on Kavitha's challenge to the provisions of the Prevention of Money Laundering Act (PMLA), the bench clarified that it has not made any comments on the case's merits.
Senior advocate Kapil Sibal, representing Kavitha, requested the court not to redirect him to the High Court, expressing concerns over recent arrests based on approver statements.
"Please see what is happening in our country. People are being arrested on the basis of an approver's statement. I am very upset," he said.
However, the bench maintained its stance, emphasising the need for adherence to legal procedures. "As a counsel, you should never be upset. Don't be so emotional. Main writ petition can be put up for hearing with other petitions (pending matters) in July. As far as bail is concerned, we are very clear, you have to go to the trial court," the bench told Sibal
When Sibal referred to the arrest of former Jharkhand chief minister Hemant Soren and other political leaders, the bench asked him not to make political statements.
Expressing dissatisfaction with the court's decision, Sibal remarked, "If history of this court is visited, this will not be of any good."
"Let's see," a terse Justice Khanna told the veteran lawyer. The bench ordered any bail application by Kavitha to be swiftly adjudicated by the trial court.
