Delhi excise policy case: SC issues notice, asks K Kavitha to approach trial court for bail

Kavitha's lawyer Kapil Sibal told the Supreme Court at the outset not to ask them to approach the High Court, citing ex-Jharkhand CM Hemant Soren's example but the bench urged him not to get 'upset'.

New Delhi: The Supreme Court on Friday declined to entertain a plea by BRS MLC K Kavitha seeking her release on bail in the Delhi liquor policy scam case, saying it can't bypass procedure just because she is a politician and can afford to approach the top court.

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

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

The bench, however, said, "Let's see."

Kavitha was arrested by the ED from her residence in Hyderabad on March 15. She has been sent to custodial remand of the agency till March 23.

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Sibal sought to refer to statement by the ED before the top court in September 2023 after summons were issued to her.

"There are two things as far as vires of the Prevention of Money Laundering Act is concerned, we would consider her plea, as we are already examining the matter. It would require time," the bench said.

"As far as bail is concerned, you have to go to trial court. We are very clear, merely because you are a politician and can afford to approach SC, we can't bypass procedure," the bench told the counsel.

The bench also told the counsel that there was no interim relief in her pending plea which was withdrawn on March 19.

"On March 19, when you withdrew her petition against the summons, you didn't raise question of interim relief," the bench told the counsel.

The counsel said since she was arrested by then, there was no question of interim relief then.

At the outset, Sibal said, "Please don't tell us to approach the High Court. See what has happened in the case of Hemant Soren."

"Please don't get emotional or be upset," the bench told him.

The bench, however, issued notice to the Union government on her petition challenging the validity of the Prevention of Money Laundering Act, seeking a response within six weeks.

The ED alleged that Kavitha was a part of the South lobby which had paid an illegal gratification of Rs 100 crores in cash to the politicians and public servants in Delhi for manipulating the liquor policy of the Delhi government and she was also a major beneficiary of it.

The Enforcement Directorate has registered the money laundering case on August 22, 2022, in relation of scheduled offences of the CBI which lodged its case on August 17, 2022, in connection with irregularities committed in framing and implementation of excise policy for the year 2021¬22 and payment of a bribe.