SC adjourns hearing on Kavitha's plea in connection with Delhi excise policy irregularities matter

New Delhi [India], February 28 : The Supreme Court on Wednesday adjourned the hearing on Bharat Rashtra Samithi (BRS) leader K Kavitha's plea against ED summons and extended her interim protection from arrest till March 13, the next date fixed for hearing.
A bench of justices Bela M Trivedi and Pankaj Mithal adjourned the hearing till March 13
ED had earlier assured the top court that they would not assist Kavitha's appearance before it till the next date of hearing.
The court was hearing Kavitha's plea against the ED summons. Kavitha is being quizzed by the ED in connection with a money laundering case related to Delhi excise policy irregularities matter.
Bharat Rashtra Samithi (BRS) leader K Kavitha, who is the daughter of Telangana former Chief Minister K Chandrasekhar Rao, in her plea challenging the summons issued by ED against her, said as per norms, a woman cannot be summoned for questioning before ED in office and her questioning should take place at her residence.
Her lawyer had argued earlier that whether she needs to be interrogated at home or in Delhi, the Court is seized of and has issued notice in similar petitions of Nalini Chidambaram and Abhishek Banerjee
ED had said that Section 160 CrPC will not apply in PMLA cases as per the Supreme Court judgement in the Vijay Madanlal Choudhary matter
In a petition filed through advocate Vandana Sehgal, Kavitha has urged the top court to quash the ED summons dated March 7 and 11 stating that asking her to appear before the agency office instead of her residence is contrary to the settled tenets of criminal jurisprudence and thus, wholly unsustainable in law being violative of the Proviso to Section 160 of Cr.P.C.
She has also sought that all procedures carried out by ED, including those about the recording of statements, be audio or videographed in the presence of her lawyer at a visible distance, inter alia, by way of the installation of appropriate CCTV cameras.
She has also sought to set aside an impounding order dated March 11 2023 and declare the seizure made thereunder null and void.
In the petition, she said, "Despite the petitioner, Kavitha not being named in the FIR, certain members of the incumbent ruling political party at the Center made scandalous statements linking the Petitioner to the Delhi Excise Policy and the said FIR."
"The political conspiracy against the petitioner (K Kavitha) unfortunately did not end with judicial intervention by way of the Suit. The Enforcement Directorate filed a remand application qua one of the accused on November 30, 2022, before the concerned Court. This remand application contained the personal contact details of the petitioner. There was no rhyme or reason to include the personal contact details of the petitioner in a remand application which did not even concern the petitioner. The act is all the more egregious considering the Petitioner is a lady," BRS leader said.
"The subsequent events are extremely shameful and in the belief of the Petitioner, were orchestrated by the Enforcement Directorate at the behest of the members of the incumbent ruling party at the Center, as part of a larger conspiracy against the Petitioner," she said.
K Kavitha further added that the said remand application containing the contact details of the petitioner was leaked to the media and the public.
"The remand application was shared extensively over social media. Such an act is petty, illegal, and an unfortunate reflection upon the malicious conduct of the Enforcement Directorate in consonance with the political party in power at Center," Kavitha said.
Kavitha said that ED has also denied her request seeking to be examined at her residence, and the probe agency made a categorical statement that "there is no provision under the PMLA for the recording of statements at any persons' residence".
"That immediately thereafter, on March 8, 2023, at 11:03 pm, the petitioner sent an email asserting her rights to be examined at her residence. However, the petitioner, after reserving her rights, intimated to the respondent that she would appear before them on March 11, 2023," Kavitha added.