The respite to BRS leader K Kavitha from appearance before the Enforcement Directorate (ED) for questioning in the Delhi excise policy case will continue as the Supreme Court on Monday adjourned her petition challenging the agency’s summons to February 16.
A bench of Justices Bela M Trivedi and Pankaj Mithal deferred the matter after senior advocate Kapil Sibal, appearing for Kavitha, said the matter may be listed for final hearing.
Additional Solicitor General S V Raju, appearing for the ED, told the court that Kavitha is avoiding summons and not appearing before the agency.
Mr Sibal then said that the ASG had assured the bench in September last year that the agency will not call Kavitha, a Lok Sabha MP, for questioning till the court hears her plea challenging the summons.
Mr Raju said that was only till the next hearing.
The top court then said that it will look into the issue on the next date of hearing.
Senior advocate Vikram Chaudhary and advocate Nitesh Rana also appeared for K Kavitha in the matter.
Additional Solicitor General S V Raju on September 26 last year had said the agency would not call Kavitha for questioning till the court heard her plea challenging the summons.
“We have to hear the matter. Don’t call her in the meantime,” the top court had told Mr Raju.
On September 15, the ED had told the top court that the summons issued to Kavitha for her appearance before the agency would be extended by 10 days.
The ED had issued the summons dated September 4 last year to Ms Kavitha, the daughter of then Telangana chief minister K Chandrashekar Rao, seeking her appearance at the agency’s Delhi office on September 15.
She approached the top court with an application 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, the Bharat Rashtra Samithi (BRS) leader sought protection from coercive action by the anti-money laundering agency on the ground 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, submitting evidence, etc.
The application also sought a stay on the operation of the September 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.
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