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Journalism of Courage
The Supreme Court on Friday refused to grant any relief to Bharat Rashtra Samithi (BRS) leader K Kavitha who was arrested by the Enforcement Directorate (ED) in connection with the Delhi excise policy case and asked her to approach a trial court for bail.
Taking up her writ petition, a three-judge bench presided by Justice Sanjiv Khanna said it is of the view that the statutory provisions should not be allowed to be bypassed. “All of us in principle agree that we should not, merely because there is a political person or somebody who can directly afford to come to the Supreme Court, bypass all the statutory and constitutional values,” Justice Khanna said.
The bench also comprising Justices M M Sundresh and Bela M Trivedi pointed out that it has already decided to take up petitions seeking a review of the judgment in Vijay Madanlal Choudhary vs Union of India wherein the Supreme Court upheld the provisions of the Prevention of Money Laundering Act (PMLA) and the powers of the Enforcement Directorate (ED) under the 2002 legislation and said it would hear Kavitha’s prayer challenging the provisions of the Act also along with these petitions.
Kavitha, a Telangana Member of Legislative Council (MLC) and the daughter of former chief minister K Chandrashekar Rao, was arrested from Hyderabad on March 15 and remanded to ED custody a day later.
Appearing for Kavitha, senior advocate Kapil Sibal said the investigating agency did not have any evidence except statements of approvers. “Only one request, please don’t tell me to go back to high court. Hear it, decide it against me, I do not mind. But see what is happening in our country. Every statement is of an approver, there is not a single piece of evidence. It is contrary to this court’s order,” he submitted.
He also referred to the case of former Jharkhand chief minister Hemant Soren, arrested in connection with the illegal mining scam, and said, “What happened in Hemant Soren? What is happening in the trial court? This cannot happen.”
Issuing notice on her plea, the court said in its order that it would be open to her to move the trial court. Clarifying that it had not said anything on the merits of the case, the court added that the application for bail, if filed, would be decided expeditiously.
Towards the end of the proceedings, Sibal sought the permission of the bench to say something and remarked, “I hope your Lordships don’t mind. When history of this court will be written, this will not be a golden period.”
Justice Khanna replied, “Let’s see.”
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