'No undertaking against K Kavitha's arrest': Enforcement Directorate tells court

‘No undertaking against K Kavitha’s arrest’: Enforcement Directorate tells court

BRS leader K Kavitha’s judicial custody was on Tuesday extended till May 7, in the Delhi excise policy case, as the Enforcement Directorate opposed the grant of bail to her.

On claims by K Kavitha’s lawyers that the Enforcement Directorate arrested her despite assuring the Supreme Court against the same, the Enforcement Directorate’s counsel told Delhi’s Rouse Avenue Court that there was no breach of undertaking on the part of the probe agency.Â

Advocate Zoheb Hossain said that the undertaking given by the Enforcement Directorate before the Supreme Court, in September last year, was only to not send her summons for the next 10 days, and that the undertaking given was honoured and kept by the agency.

He also questioned Kavitha’s lawyers, asking if they believed that the undertaking was breached, why wasn’t the same highlighted before the top court when the matter was being heard right after her arrest.

The counsel further submitted that even as per K Kavitha, there was never an undertaking to not arrest her.Â

He also submitted that there was no prerequisite to summon K Kavitha in terms of the legal provision, according to which she was arrested.

“Their (of the lawyers) submission that there was a breach of understanding is completely hollow, as they never availed the opportunity they could have, on March 19, when the case was being heard,” the counsel said.Â

He further argued that in the case of special dispensation for women, an exception has always been carved out. However, Section 19 of the Prevention of Money Laundering Act (PMLA) does not have any such exceptions.

Pointing out that, unlike the state police, the Enforcement Directorate is not territorially bound by any jurisdiction.Â

(The Enforcement Directorate had earlier submitted that there was no need for transit remand in Kavitha’s case).

In the money laundering case, senior Advocate AM Singhvi, appearing for Kavitha, had earlier argued that it was a ‘strange case’ where there was full cooperation by Kavitha, all statements were recorded and she answered every summons.

He contended that the probe agency had completed the investigation and failed to confront Kavitha with Delhi Chief Minister Arvind Kejriwal, in the excise policy case.Â

Pointing out that K Kavitha had voluntarily given all the phones to the Enforcement Directorate, Singhvi questioned the probe agency’s claim that there was destruction of evidence.

The court will continue to hear the Enforcement Directorate’s arguments against the grant of bail to K Kavitha, on April 24.Â

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