Saturday, April 20, 2024

Supreme Court asks K Kavitha to approach trial court for bail

The Supreme Court on Friday asked K. Kavitha, MLC of Bharat Rashtra Samithi (BRS) and daughter of former Telangana CM K Chandrashekhar Rao, to approach the trial court for bail.

The top court was hearing a writ petition filed by Kavitha challenging her arrest by the ED in relation to the Delhi Excise Policy case.

“Only one request, please don’t tell me to go back to High Court. Hear it, decide it against me, I do not mind. But See what is happening in our country. Every statement is of an approver, there is not a single piece of evidence. It is contrary to this Court’s order,” Senior Advocate Kapil Sibal, who appeared for the embattled legislator, told the top court.

When Special Bench of Justices Sanjiv Khanna, MM Sundresh, and Bela Trivedi said that Kavitha would have to approach the Trial Court, Sibal fervently protected and told the Bench, “My lords, What happened in Hemant Soren? What is happening in the Trial Court? This Cannot happen,” Live Law reported.

At this, the apex court made it clear that the Court unambiguously agreed that it would not let the statutory procedures bypass just because there was a political person involved.

“All of us in principle agree that we should not, merely because there is a political person (involved) or somebody who can directly afford to come to the Supreme Court, bypass all the statutory and constitutional values,” Justice Khanna said.

“Issue notice and tagged with…It will be open to the petitioner to move Trial Court or any other remedy. We clarify that there is nothing on merits. Application for bail, if filed, will be decided expeditiously,” the top court said.

On 15 March, the BRS Leader was arrested by the Enforcement Directorate. A day later, a Delhi Court remanded the BRS leader to ED custody till March 23. Kavitha, who was produced before the court, claimed that the arrest was illegal and that she would fight it in court.

AAP leaders Manish Sisodia and Sanjay Singh were earlier arrested in the case. Yesterday, the ED arrested Delhi CM Arvind Kejriwal in the case.

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