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'Can't bypass procedure,' SC refuses to grant bail to Kavitha

A bench of Justice Sanjiv Khanna, M M Sundresh and Bela M Trivedi categorically told senior advocate Kapil Sibal appearing for Kavitha that she had to approach the trial court for the purpose.
Last Updated 23 March 2024, 02:12 IST

New Delhi: The Supreme Court on Friday declined to entertain the bail plea of BRS leader K Kavitha, who was arrested by the Enforcement Directorate in connection with the alleged scam in the Delhi liquor policy, saying that it couldn't bypass procedure just because she was a politician and could afford to approach the top court.

A bench of Justice Sanjiv Khanna, M M Sundresh and Bela M Trivedi categorically told senior advocate Kapil Sibal appearing for Kavitha that she had to approach the trial court for the purpose.

At the outset, Sibal told the bench that he had one request to the court that he should not be asked to go to the high court.

"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.

The bench told Sibal, "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 in July. As far as bail is concerned, we are very clear, you have to go to the trial court."

On this, Sibal told the bench, "I hope you don't mind. When the history of this court will be written, this will not be a golden period."

"Let’s see," Justice Khanna told Sibal.

The bench clarified that the court had not made any comments on the merits of the case.

It, however, said as far as Kavitha's plea challenging the provisions of the Prevention of Money Laundering Act (PMLA) was concerned, the court was issuing notice to the ED and seeking its response within six weeks.

Kavitha was arrested from her residence in Hyderabad on March 15. She is under the custodial remand of the agency till March 23.

The ED alleges that Kavitha was a part of the 'South Lobby' which had paid Rs 100 crore in cash to politicians and public servants in Delhi for manipulating the liquor policy of the Delhi government. 

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(Published 23 March 2024, 02:12 IST)

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