BRS Leader Kavitha Moves Top Court Against Arrest In Excise Policy Case

BRS leader K Kavitha has moved the Supreme Court, challenging her arrest by the Enforcement Directorate in connection with the Delhi excise policy case.

A member of the Telangana Legislative Council and daughter of former state chief minister K Chandrashekar Rao, Kavitha was on Saturday remanded in ED custody till March 23 in the case.

The 46-year-old was arrested by the federal anti-money laundering agency from her Banjara Hills residence in Hyderabad on Friday amid protests by Bharat Rashtra Samithi (BRS) supporters.

In a fresh plea filed through advocate Nitesh Rana, Kavitha said, 'Quash and set aside the entire action taken by the respondent (ED) leading to the arrest of the petitioner as the same is wholly non-est; illegal, arbitrary, unconstitutional, contrary to the undertaking tendered before this court and also being violative of the postulates of Section 19 of Prevention of Money Laundering Act, 2002 especially qua a woman.'

The BRS leader has sought the quashing of the arrest memo, the arrest order dated March 15 and the remand order dated March 16 passed by a special judge in a 'patently routine and mechanical manner'.

Earlier, in another petition filed in the top court, she challenged the provisions of the Prevention of Money Laundering Act.

On February 28, the top court had extended the protection granted to Kavitha from any coercive action in the case.

The ED had issued summons to the leader on February 21, seeking her presence on February 26. However, Kavitha did not appear before the central probe agency.

The ED has alleged that Kavitha was a part of liquor cartel 'South Group' which paid kickbacks of Rs 100 crore to Delhi's ruling Aam Aadmi Party (AAP) in return for favours under the now-scrapped excise policy for 2021-22.

Additional Solicitor General S V Raju, appearing for the ED, had told the court that Kavitha has been avoiding summonses and not appearing before the agency.

On September 15, 2023, the ED told the apex court that the summons issued to Kavitha for her appearance before the agency would be extended by 10 days.

The ED had issued a summons dated September 4, 2023, to Kavitha, seeking her appearance at the agency's Delhi office on September 15.

Earlier, she approached the apex court with a plea seeking directions to restrain the ED from calling her by way of a notice or summons under section 50 of the PMLA during the pendency of her petition.

In her plea, she sought protection from coercive action by the anti-money laundering agency on the grounds that there are relaxations for women in various criminal laws, including the PMLA.

Section 50 of the PMLA deals with the powers of authorities regarding summons, production of documents and submitting evidence among others.

She has also sought a stay on the operation of the Sept. 4 summons or any other summons and 'all coercive measures relating thereto'.

In a significant verdict on July 27, 2022, the top court upheld the ED's powers relating to arrest, attachment of property involved in money laundering, search and seizure under the PMLA that were challenged by multiple petitioners, including Congress leader Karti Chidambaram.