In her plea, Bharat Rashtra Samithi (BRS) leader K Kavitha, challenged her arrest by the Enforcement Directorate in money laundering case relating to Delhi excise policy irregularities. The apex court on will be hearing on the matter today.
Initially, Kavitha had a different plea where she challenged the ED summons in the money laundering but on Tuesday, that plea was withdrawn and a new plea challenging her arrest was filed. She has also challenged remand in the new plea and has said that the remand order doesn't adhere to Article 141 which states that the law declared by the apex court shall be binding on all lower courts in India. The plea also challenged Section 19 (1) of the PMLA Act.
ED alleges that BRS leader K Kavitha and some others "conspired" with top AAP leaders, including Arvind Kejriwal and Manish Sisodia, to get favours in the now-scrapped Delhi excise policy by paying Rs 100 crore to the political party that rules Delhi.
Appearing for the BRS leader, Sibal requested the court to not send the case back to High Court.
See what is happening in our country, I'm very upset.Kapil Sibal
In response to Sibal's request, the bench replied saying, "as a counsel, you should never be upset. Decision-making is not so simple. Don't be so emotional."
The bench further said that for bail, matter has to go to trial court.
Main writ can be put up. As far as bail is concerned, have to go through Trial Court.SC Bench
"Issue notice. It will be open to petitioner to move Trial Court or invoke any other remedy for grant of bail. No comments on merits", the Judge said.He further dictated that all contentions of the petitioner are left open.
"Bail application, if any filed, be decided expeditiously", he said.
Showing his displeasure with the court, Kapil Sibal said that the history of the court will be written but it will not be a 'golden period'.
History of this Court will be written, this will not be a golden periodSr Adv Kapil Sibal
The apex court issues a notice on the BRS leader's plea and asked her to approach trial court for bail application.