Jahanvi Agarwal
The Supreme Court declined to entertain a bail plea by Bharat Rashtra Samithi (BRS) MLC K Kavitha in the Delhi liquor policy scam case, asserting that procedural norms cannot be bypassed merely because she holds a political position and can afford to approach the apex court.
A bench comprising Justices Sanjiv Khanna, M M Sundresh, and Bela M Trivedi advised Kavitha’s counsel, Senior Advocate Kapil Sibal, to pursue the matter through the trial court. In response, Sibal expressed discontent, stating, “I hope you don’t mind. When the history of this court is written, this will not be a golden period.” Despite this, the bench remained firm, stating, “Let’s see.”
Kavitha was apprehended by the Enforcement Directorate (ED) from her Hyderabad residence on March 15 and has been remanded to the agency’s custody until March 23. Sibal referenced a previous statement by the ED regarding the vires of the Prevention of Money Laundering Act, to which the bench responded that while they would consider her plea concerning the act’s vires, bail matters must be addressed in the trial court. The bench reiterated that procedural norms cannot be circumvented solely due to Kavitha’s political stature and her ability to approach the Supreme Court.
Additionally, the bench informed Sibal that there was no interim relief granted in her withdrawn plea from March 19. Despite Sibal’s plea not to redirect them to the High Court, citing another case as an example, the bench urged him not to get emotional or upset. However, the bench did issue notice to the Union government regarding Kavitha’s petition challenging the validity of the Prevention of Money Laundering Act, seeking a response within six weeks.
The ED alleged Kavitha’s involvement in a South lobby that purportedly paid a bribe of Rs 100 crores to politicians and public servants in Delhi to influence the liquor policy. The ED initiated the money laundering case on August 22, 2022, in connection with scheduled offenses investigated by the CBI, which commenced its probe on August 17, 2022, pertaining to irregularities in the framing and execution of the excise policy for 2021-22 and alleged bribery payments.
Case Name: Kalvakuntla Kavitha v. Directorate of Enforcement
Dairy Number: 153/2024
Bench: Justices Sanjiv Khanna, M M Sundresh, and Bela M Trivedi