Telangana CM's Daughter K. Kavitha Moves Supreme Court Challenging ED Summons In Delhi Excise Policy Case, Hearing On March 24

Telangana CM's daughter and Bharat Rashtra Samithi (BRS) leader K. Kavitha has moved the Supreme Court challenging ED summons in relation to the Delhi Excise Policy case.

She was questioned by the agency on March 11 and is required to appear again tomorrow.

The matter was mentioned before CJI DY Chandrachud who refused immediate hearing and posted the matter on March 24.

Kavitha, presently an MLA from the Nizamabad Local Bodies Constituency, claims that she is not named in the FIR and that the summons are in teeth of Section 160 CrPC which stipulates that no woman shall be required to attend as witness at any place other than the place in which she resides. Kavitha has been asked to appear before ED in Delhi, purportedly to confront her with an arrestee in the case.

She said ED gave her a very short notice for appearance and denied her requests to be examined at her residence or to extend the date of examination. Consequently, she appeared before ED on March 11.

During this appearance, the former MP alleges to be subjected to multiple illegalities by the ED. She says she was forced to produce her cell phone whereas she was summoned under Sections 50(2), 50(3) PMLA which do not require production of mobile. The agency is then said to have seized her device and to have interrogated her, a lady, much after the sunset. No confrontation with any arrestee was done, she added.

She was also handed over another summons to appear on March 16, i.e. tomorrow.

Kavitha further claims that ED purposely leaked her personal contact details in the garb of filing a remand application qua one of the accused in the case and thereafter, the CBI served a notice upon her and questioned her or almost 7 hours.

Her plea states that ED has been adopting highly coercive tactics and third degree measures in connection with their purported investigations. 

"There is no case against the Petitioner. The only basis on which the Petitioner has been implicated is on basis of certain statement of few persons who have given incriminating statement qua themselves as well as allegedly against the Petitioner. However, such statements have been extracted out of threat and coercion, which is evident from the fact that on 10.03.2023, one Mr. Arun Ramachandran Pillai, have retracted his statement. The credibility of the statements purported to be against the Petitioner is under serious doubt," the plea filed though Advocate Vandana Sehgal adds.