Supreme Court Postpones Enforcement Directorate Summons to K Kavitha

A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a plea filed by the legislator against the summons issued by the Enforcement Directorate (ED) earlier this year requiring her to appear in Delhi for questioning in connection with the money laundering investigation. In March, this writ petition was tagged with a 2018 plea filed by Nalini Chidambaramsenior advocate, and wife of former finance minister P Chidambaram, who approached the apex court after the Madras High Court refused to quash the ED summons against her in the Saradha chit fund scam case.

Summary:

  • A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia postponed the Enforcement Directorate (ED) summons to K Kavitha, a legislator, in connection with a money laundering investigation.
  • Senior Advocate Vikram Chaudhary requested the court to protect Kavitha from coercive action, citing the protection given to Nalini Chidambaram in a similar case.
  • Justice Kaul stated that a woman could be called for questioning, but there must be safeguards in place.
  • The court did not record ASG Raju’s statement and directed a postponement of the summons until November 20.

Background:

The controversy stems from the excise policy implemented by the Government of Delhi in 2021, which was later withdrawn due to allegations of irregularities. The Enforcement Directorate and the Central Bureau of Investigation are investigating the policy’s implementation, alleging corruption and financial irregularities. K Kavitha, a leader of the Bharat Rashtra Samithi, was summoned by the ED as part of this investigation.

Kavitha challenged the summons, arguing that she was not named in the FIR and that Section 160 of the Code of Criminal Procedure protects women from being summoned as witnesses to places other than where they reside.

Case Details:

Case Name: Kalvakuntla Kavitha v. Directorate of Enforcement
Writ Petition (Criminal) No. 103 of 2023

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