In a notable ruling on Friday, a special bench of the Supreme Court declined to consider the bail petition of Bharat Rashtra Samithi (BRS) MLC K Kavitha in a money laundering case related to Delhi’s controversial 2021-22 excise policy. The bench, comprising justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi, underscored the importance of the trial court’s jurisdiction in hearing bail requests, directing Kavitha to pursue her remedy through the first tier of the judicial hierarchy.
Senior counsel Kapil Sibal, representing Kavitha, sought urgent intervention from the court, citing the arrest of several opposition leaders. However, the bench reiterated the need to adhere to legal procedures and maintain uniformity in practice.
Expressing disappointment, Sibal remarked that such decisions would not be lauded in the annals of the court’s history. However, the bench remained resolute, affirming the necessity to uphold uniformity in judicial proceedings.
While disposing of Kavitha’s bail plea, the bench issued notices to the Centre and the Enforcement Directorate (ED) regarding a challenge to certain provisions of the Prevention of Money Laundering Act (PMLA) pertaining to the agency’s powers to issue summons and make arrests. Several similar petitions on this matter await adjudication by the court.
Notably, Kavitha is the third prominent leader to be arrested in connection with the case, following the arrests of former Delhi Deputy CM Manish Sisodia and Rajya Sabha MP Sanjay Singh, both senior AAP leaders. Delhi Chief Minister Arvind Kejriwal was also arrested in the case on Thursday night, marking a historic event as the first serving CM to be arrested in India.
The case stems from Delhi’s 2021-22 excise policy aimed at revitalizing the liquor business in the city. However, allegations of irregularities prompted a probe, leading to the policy’s revocation and replacement with the previous regime.
Although Kavitha has not been named as an accused in any of the six charge sheets filed by the ED since November 2022, court documents refer to her as a key figure in the irregularities surrounding the excise policy. The ED alleges her involvement in a cartel, colloquially known as the “South Group,” which purportedly paid kickbacks to AAP leaders in exchange for retail liquor business opportunities in Delhi.
Kavitha’s legal troubles extend beyond the ED, as the Central Bureau of Investigation (CBI) is conducting a parallel corruption probe in the case. She has maintained her innocence, attributing her predicament to alleged political motives.
In a related development, social activist Anna Hazare, known for his anti-corruption crusades alongside Arvind Kejriwal during the Lokpal movement, expressed disappointment at Kejriwal’s arrest, attributing it to his own actions. Hazare lamented Kejriwal’s shift from activism to politics, criticizing his involvement in formulating liquor policies, a departure from their shared advocacy against alcohol consumption.
Kejriwal’s arrest has sparked political turmoil, with the AAP alleging political vendetta and mounting protests against his detention in the national capital. Amidst the escalating tensions, the legal proceedings and public reactions continue to shape the narrative surrounding the case.
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