Supreme Court Posts BRS Leader K Kavitha's Plea Against ED Summons To March 19

The Supreme Court on Friday (March 15) adjourned the hearing of the plea by Bharat Rashtra Samithi (BRS) leader and former Telangana CM's daughter K. Kavitha challenging ED summons in relation to the Delhi Excise Policy case till March 19 

A Bench of Justices Bela M Trivedi and Pankaj Mithal adjourned the matter noting that the connected cases (which raise the legal point whether a woman can be summoned by the Enforcement Directorate) have not been listed today. The cases were listed last on March 13, 2024, but due to Justice Trivedi's sitting in a Special Bench on the day, they could not be taken up.

The order was dictated thus: "it appears that one of the matters has not been listed. List on 19th alongwith all the matters".

Notably, during the hearing, Additional Solicitor General SV Raju, appearing for the ED, sought to retract a statement made by him in September, 2023 to the effect that summons to the BRS leader would be deferred by 10 days. However, the Court did not indulge into the issue and posted the matter high on board for March 19.

The ASG was heard saying, "the thing is I have made a statement...that statement will not enure after this date...only statement which was made that we will give 10 days' notice in the summons...that was the only statement".

In response, the petitioner's counsel said, "whatever my friend wants to say or does not want to say...on 20th your Lordships will decide".

Although the petitioner's side requested for the matter to be listed on March 20, Justice Trivedi fixed it for March 19. "That is NMD, you should not have any problem", the Judge said.

When the petitioner's counsel persisted, Trivedi J commented, "we will vacate the interim relief".

Interjecting, Raju claimed, "I will beseech for a hearing today, there is no interim relief".

"Argue on merits, we can't keep adjourning the matter", Justice Trivedi remarked to the petitioners' counsels before parting. The petitioners' counsels conceded but clarified that they had not sought adjournments on previous occasions.

As per reports, Kavita was arrested by the ED today evening.

It may be recalled that ED is currently investigating Kavitha's role in influencing the now-scrapped liquor policy in the national capital and related bribery allegations. In March last year, her writ petition was tagged with a 2018 plea filed by Nalini Chidambaram, senior advocate and wife of former finance minister P Chidambaram, who approached the top court after the Madras High Court refused to quash the ED summons against her in the Saradha chit fund scam case.

Case Title: KALVAKUNTLA KAVITHA v. DIRECTORATE OF ENFORCEMENT, W.P.(Crl.) No. 103/2023 (and connected matter)