Supreme Court of India on Friday (Mrach 15),has postponed the hearing of Bharat Rashtra Samithi (BRS) leader K Kavitha’s plea against the Enforcement Directorate (ED) summons in the contentious Delhi Excise Policy case to March 19.
The Supreme Court of India on Friday (Mrach 15),has postponed the hearing of Bharat Rashtra Samithi (BRS) leader K Kavitha’s plea against the Enforcement Directorate (ED) summons in the contentious Delhi Excise Policy case to March 19. The decision came from a bench comprising Justices Bela M Trivedi and Pankaj Mithal, who noted that related cases, pivotal in determining the legal standpoint on whether a woman can be summoned by the ED, were not listed for the day.
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During the session, Additional Solicitor General SV Raju, representing the ED, attempted to retract a previous statement made in September 2023, indicating that the summons to the BRS leader would be deferred by 10 days. However, the court chose not to delve into this matter, instead scheduling the case for a more comprehensive review on March 19.
The legal discourse surrounding this case has been intense, with Kavitha’s counsel arguing for the matter to be listed on March 20. However, Justice Trivedi set the date for March 19, hinting at the possibility of vacating the interim relief if the petitioner’s counsel persisted. The dialogue in the courtroom reflected the urgency and complexity of the legal questions at hand, with Justice Trivedi urging,
“Argue on merits, we can’t keep adjourning the matter.”
Kavitha’s legal battle with the ED stems from allegations related to the now-scrapped liquor policy in the national capital, alongside associated bribery claims. Her writ petition was previously tagged with a 2018 plea by Nalini Chidambaram, which sought to address similar legal questions regarding ED summons.
In a separate but related hearing, the Supreme Court also addressed TMC leader Abhishek Banerjee’s plea against ED summons in a West Bengal recruitment irregularities case. The court’s approach to these cases could set significant legal precedents regarding the powers of the ED and the rights of individuals under investigation.
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Kavitha, in her plea, has highlighted the procedural and legal inconsistencies in the ED’s approach, particularly emphasizing the norm that women should not be summoned to the ED office for questioning, arguing that such questioning should occur at their residences. Despite her compliance with the ED’s demands, Kavitha has raised concerns about the lack of legal basis for her to appear at the agency’s office instead of her residence, challenging the summons as contrary to established criminal jurisprudence principles.
Moreover, Kavitha’s petition sheds light on the broader political context, suggesting a conspiracy against her by the ruling political party at the Center. She has pointed out the inappropriate inclusion of her personal contact details in a remand application related to the case, which was subsequently leaked to the media and social networks, describing this act as part of a larger malicious campaign against her.
As the Supreme Court prepares to revisit Kavitha’s plea, the legal community and the public await a ruling that could have far-reaching implications for the enforcement of summons by investigative agencies and the protection of individual rights against arbitrary legal actions. The outcome of this case could redefine the boundaries of legal procedures and the accountability of law enforcement agencies in India.
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