BRS MLC K Kavitha withdraws petition in SC challenging the power of ED in summoning women to its offices for interrogation

Her counsel sought permission for the withdrawal of the petition since Kavitha had already been arrested by the ED.

ByRaj Rayasam

Published Mar 19, 2024 | 1:16 PMUpdatedMar 19, 2024 | 1:16 PM

MLC K Kavitha

BRS MLC K Kavitha, who is under the custody of the Enforcement Directorate (ED) in Delhi, on Tuesday, 19 March, withdrew her petition in the Supreme Court which challenged the summons issued to her by the central agency.

Her counsel Vikram Chaudhary urged a division bench comprising Justice Bela Trivedi and Pankaj Mithal to allow the withdrawal of the petition to which it consented.

Kavitha, daughter of former chief minister K Chandrashekar Rao, filed the petition in the Supreme Court on 14 March, 2023, seeking protection from being summoned by the ED under section 50 of the Prevention of Money Laundering Act (PMLA) for questioning at its office.

Her counsel sought permission for the withdrawal of the petition since Kavitha had already been arrested while the petition was intended to seek protection from being summoned by the ED.

Also Read: Kavitha moves SC against arrest, ED says she conspired with Kejriwal

Petitions by Kavitha

She had contended that the ED could not ask her to appear personally as section 50 of the PMLA ran in conflict with section 160 of the CrPC which allowed immunity to women being called to the probe agencies’ offices for interrogation that the choice of place may be left to the person in question.

However, her other petition which she filed on Monday is before the Supreme Court. She challenged her arrest by the ED on 15 March and contended that it was illegal as it amounted to contempt of the apex court.

The legislator said that the ED arrested her after assuring the Supreme Court that it would not and therefore the court may consider it as a case of contempt of the court.

In the petition that her advocate Mohit Rao filed with the apex court online, she sought action against the ED for going back on its word of not issuing a summons to her.

Meanwhile, the ED, in an official press release on Monday said its investigation revealed that Kavitha, along with others, conspired with the top leaders of AAP including Arvind Kejriwal and Manish Sisodia to get favours in the formulation and implementation of the Delhi Excise policy.

The ED said that in exchange for these favours, she was involved in paying ₹100 crore to the AAP leaders.

Also Read: KTR meets sister K Kavitha at ED office in Delhi under court order

ED investigation

“By the acts of corruption and conspiracy in the formulation and implementation of Delhi Excise Policy 2021-22, a continuous stream of illegal funds in the form of kickback, from the wholesalers was generated for the AAP. Further, Kavitha and her associates were to recover the proceeds of crime paid in advance to AAP and to further generate profits and proceeds of crime from this entire conspiracy,” said the central agency.

The ED said that it had so far arrested 15 people including Sisodia, Sanjay Singh and Vijay Nair from AAP, and Kavitha.

It has filed one prosecution complaint and five supplementary complaints in the case. The ED said that during the search at Kavitha’s residence, its officials were obstructed by her relatives and associates.

The ED said that to date, it had conducted searches at 245 locations across the country including Delhi, Hyderabad, Chennai, Mumbai and other places.

Further, it said that it had identified the proceeds of crime generated assets worth ₹128.79 crore and have been attached (Provisional Attachment Orders dated 24 January, 2023 and 3 July, 2023). Both the attachment orders were confirmed by the adjudicating authority in New Delhi.

(Edited by Muhammed Fazil)