'Can't Bypass Statutory Remedies Merely Because Politician Is Involved' : Supreme Court Asks K Kavitha To Approach Trial Court For Bail

Right at the outset of the hearing, a Special Bench of Justices Sanjiv Khanna, MM Sundresh, and Bela Trivedi, while hearing the petition, told Senior Advocate Kapil Sibal, who appeared for the embattled legislator that the bench was considering petitions to reconsider the  Vijay Mandal Chaudhary & Ors. vs Union of India judgment and Kavitha's petition can be tagged with that batch. Further, for bail she will have to approach the Trial Court.

The Court made these oral observations when Sibal told “Only one request, please don't tell me to go back to High Court. Hear it, decide it against me, I do not mind. But See what is happening in our country. Every statement is of an approver, there is not a single piece of evidence. It is contrary to this Court's order.”

When the Bench, led by Sanjiv Khanna, said that the BRS leader would have to approach the Trial Court, Sibal fervently protected and told the Bench, “My lords, What happened in Hemant Soren? What is happening in the Trial Court? This Cannot happen.”

At this, the Bench made it clear that the Bench unambiguously agreed that it would not let the statutory procedures bypass just because there was a political person involved. Ultimately, the Court was unconvinced and asked the petitioner to approach the Trial Court. Notwithstanding, the Court clarified that the Bail application if filed, will be decided expeditiously. 

“All of us in principle agree that we should not, merely because there is a political person (involved) or somebody who can directly afford to come to the Supreme Court, bypass all the statutory and constitutional values," Justice Khanna said.

As the hearing continued, Sibal tried to convince the bench by drawing its attention to the ED's submission made before the Supreme Court in Kavita's matter. He, thereafter, referred to the statement of the approver. Ultimately, the Bench was not convinced to grant bail under Article 32; however, it issued the notice in the main matter.

The bench dictated the order as follows :

“Issue notice and tagged with…It will be open to the petitioner to move Trial Court or any other remedy. We clarify that there is nothing on merits. Application for bail, if filed, will be decided expeditiously.”

After the hearing was over, Sibal said, "May I say something? I hope your Lordships don't mind. History of this Court will be written, this will not be a golden period."

"Let's see," Justice Khanna replied.

It may be noted that the petitions seeking reconsideration of the Vijay Madanlal judgment are posted in July.  So, if Kavitha's petition is tagged with that batch, it would mean that her petition will come next only in July.

It was on March 15, when BRS Leader was arrested arrest by the Enforcement Directorate. As per the arrest memo, she was arrested by the probe agency at 5:20 pm from her residence at Banjara Hills in Hyderabad.

Right after it, on March 16, a Delhi Court remanded the BRS leader to ED custody till March 23. Kavitha, who was produced before the court, claimed that the arrest was illegal and that she would fight it in court.

Briefly stated the central agency is embroiled along with other political leaders in the now-scrapped liquor policy in the national capital and related bribery allegations.

AAP leaders Manish Sisodia and Sanjay Singh were earlier arrested in the case. Yesterday, the ED arrested Delhi CM Arvind Kejriwal in the case.

Case Title: KALVAKUNTLA KAVITHA v. DIRECTORATE OF ENFORCEMENT., W.P.(Crl.) No. 153/2024

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