Delhi excise policy rip-off: The Enforcement Directorate (ED) has filed a caveat utility in the Supreme Court on the Bharatiya Rashtra Samithi (BRS) MLC K Kavitha’s plea challenging the summons issued by the probe company against her in connection to Delhi excise policy case. A Caveat utility is filed by a litigant to make sure that no hostile order is handed against them with out being heard.
Kavitha, who’s the daughter of Telangana Chief Minister K Chandrasekhar Rao, has approached the Supreme courtroom saying that as per norms, a lady can’t be summoned for questioning earlier than ED in workplace and her questioning ought to happen at her residence.
On March 15, the Supreme Court agreed to listen to Kavitha’s plea challenging the summons of the Enforcement Directorate (ED) on March 24.ED has requested the MLC to seem once more earlier than it on March 16, however she didn’t seem citing that her plea is pending in SC. The courtroom has agreed to listen to her petition on March 24 in reference to a cash laundering case associated to the alleged irregularities in the Delhi excise policy case.The advocate for Kavitha mentioned {that a} girl is now being summoned by ED for questioning and that it’s “completely against the law”.
Kavitha’s lawyer talked about the plea earlier than a bench headed by Chief Justice of India DY Chandrachud and sought an pressing listening to on her petitions. The courtroom agreed to record it on March 24. The courtroom requested what was the urgency in the matter, and the lawyer replied that Kavitha has been requested to seem earlier than ED tomorrow. In a petition filed by way of advocate Vandana Sehgal, Kavitha has urged the highest courtroom to quash the ED summons dated March 7 and 11, stating that asking her to seem earlier than the company workplace as a substitute of her residence is opposite to the settled tenets of prison jurisprudence and thus, wholly unsustainable in legislation being violative of the Proviso to Section 160 of the Code of Criminal Procedure (CrPC), 1973. She has additionally sought that each one procedures carried out by ED, together with these in relation to the recording of statements be audio or videographed in the presence of her lawyer at a visual distance inter-alia by the use of set up of acceptable CCTV cameras.
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She has additionally sought to put aside impounding order dated March 11, 2023, and declare the seizure made thereunder null and void.In the petition, she mentioned, “Despite the petitioner, Kavitha not being named in the FIR, certain members of the incumbent ruling political party at the centre made scandalous statements linking the petitioner to the Delhi Excise Policy and the said FIR.”
“The political conspiracy against the petitioner (K Kavitha) unfortunately did not end with judicial intervention by way of the Suit. The Enforcement Directorate filed a remand application qua one of the accused on November 30, 2022, before the concerned Court. This remand application contained the personal contact details of the petitioner. There was no rhyme or reason to include the personal contact details of the petitioner in a remand application which did not even concern the petitioner. The act is all the more egregious considering the petitioner is a lady,” BRS chief mentioned.
“The subsequent events are extremely shameful and in the belief of the petitioner, were orchestrated by the Enforcement Directorate at the behest of the members of the incumbent ruling party at the centre, as part of a larger conspiracy against the petitioner,” she mentioned.K Kavitha additional added that the mentioned remand utility containing the contact particulars of the Petitioner was leaked to the media and the general public.
“The remand application was shared extensively over social media. Such an act is petty, illegal, and an unfortunate reflection upon the malicious conduct of the Enforcement Directorate in consonance with the political party in power at centre,” Kavitha mentioned.She additionally mentioned that ED has additionally denied her request searching for to be examined at her residence, and the probe company made a categorical assertion that “there is no provision under the PMLA for the recording of statements at any persons’ residence”.
“That immediately thereafter on March 8, 2023, at 11:03 pm, the Petitioner sent an email asserting her rights to be examined at her residence. However, the Petitioner after reserving her rights intimated to the Respondent that she will appear before them on March 11, 2023,” Kavitha added.
(With companies inputs)
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