The Supreme Court on Monday denied interim relief to Bharat Rashtra Samithi (BRS) leader and Telangana CM’s Daughter K. Kavitha in connection with summons issued by the Enforcement Directorate (ED) in the alleged Delhi excise policy scam.
After three weeks, a bench of Justices Ajay Rastogi and Bela M Trivedi scheduled the case for hearing.
Kavitha is a Legislative Council Member who was summoned by the ED in connection with the scam.
She then moved before the Supreme Court two weeks ago against the summons. However, because the Supreme Court did not list the matter on an urgent basis, and hence, she already appeared before the ED three times.
When the case was heard before the Supreme Court on Monday, the ED counsel informed the bench that it had become infructuous.
Senior Advocate Kapil Sibal, appearing for Kavitha, stated that issues such as the location of interrogation must be addressed.
“Whether she should be questioned at home or in Delhi, the Court is seized of and has issued notice in similar petitions filed by Nalini Chidambaram and Abhishek Banerjee,” Sibal said.
Tushar Mehta, the Solicitor General (SG), and SV Raju, the Additional Solicitor General (ASG), both opposed the plea and tagged it with other matters.
According to ASG Raju, the rights granted to female witnesses under Section 160 of the Code of Criminal Procedure (CrPC) in terms of questioning location will not apply in cases brought under the Prevention of Money Laundering Act (PMLA).
“According to the Vijay Madanlal decision, Section 160 (CrPC) will not apply in PMLA,” the ASG stated.
“So the Madras High Court’s view no longer holds,” the bench inquired.
“Yes,” replied the ASG.
“Chapter 12 would not apply even for summons,” SG clarified.
Sibal contended that the summons issue had not been addressed in the Vijay Madanlal decision.
The Court eventually issued a notice of hearing on the plea.
