New Delhi, September 26, 2023: In a significant development, the Supreme Court has decided to postpone the summons issued by the Enforcement Directorate (ED) to K Kavitha, a prominent legislator and leader of the Bharat Rashtra Samithi (BRS), in connection with an ongoing money laundering investigation. The decision comes after a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia heard a plea filed by Kavitha challenging the ED’s summons, which required her to appear in Delhi for questioning.
The case originated from the excise policy introduced by the Delhi government in 2021, which was subsequently revoked due to allegations of irregularities. Both the Enforcement Directorate and the Central Bureau of Investigation (CBI) are currently investigating the implementation of the policy, with allegations of corruption and financial misconduct. As part of this investigation, K Kavitha was summoned by the ED.
Kavitha’s plea argued that she was not named in the FIR and cited Section 160 of the Code of Criminal Procedure, which provides protection to women from being summoned as witnesses to places other than where they reside.
Senior Advocate Vikram Chaudhary, representing Kavitha, urged the court to shield her from coercive action, drawing parallels with the protection afforded to Nalini Chidambaram, a senior advocate and the wife of former finance minister P Chidambaram. Nalini Chidambaram had approached the apex court in 2018 after the Madras High Court refused to quash ED summons related to the Saradha chit fund scam case.
During the hearing, Justice Kaul emphasized that while a woman could be called for questioning, safeguards must be in place to ensure fairness and protect their rights.
The court ultimately decided to postpone the ED summons until November 20, providing temporary relief to K Kavitha.
This development highlights the ongoing legal intricacies surrounding the investigation into the Delhi government’s excise policy and the prominent role of K Kavitha in the Bharat Rashtra Samithi.
Case Details:
- Case Name: Kalvakuntla Kavitha v. Directorate of Enforcement
- Writ Petition (Criminal) No. 103 of 2023
