Senior advocate Kapil Sibal mentioned before the bench of Justice Rastogi that the petition filed by MLC Kavitha against the Enforcement Directorate (ED) should be investigated quickly.
Kavitha had filed a petition in the Supreme Court seeking clarification on whether women can be called to the ED office for investigation. Sibal appealed to the Bench to hear Kavitha’s petition next Monday. The Bench of Justice Rastogi said it would consider the request.
A hearing was held in the Supreme Court last month on the petition filed by MLC Kavitha against the ED. The hearing on the petition was adjourned for three weeks. The Supreme Court tagged Nalini Chidambaram’s earlier petition regarding calling women to the ED office for investigation. Kavitha made a new request in her petition.
A Special Investigation Team (SIT) has been asked to be formed to probe the Delhi liquor policy case. Senior advocates Kapil Sibal and Vikram Chaudhuri argued for Kavitha. Solicitor General Tushar Mehta and Additional Solicitor General SV Raju argued for the ED.
Kavitha filed a petition before the Supreme Court alleging that the ED is infringing on her rights as a woman.
In the petition, Kavitha said that the notices issued to her under Section 50 of the PMLA Act to appear in person were against Section 160 of CrPC and that an order should be issued for video recording of questioning sessions in the presence of a lawyer while recording her statement.
Along with the seizure of her phone and the cancellation of the issued confiscation notices, she appealed to the SC to declare that the seizure of the phone is invalid and to attach this petition to the case of Nalini Chidambaram Vs. Enforcement Directorate.
The bench of Justice Ajay Rastogi and Justice Bela M. Trivedi accepted the petition. First, it was said that the inquiry will be held on Friday. Then the next date of inquiry was announced as April 27. Kavitha has already appeared before the ED thrice and given her statement.
In her petition, Kavitha asked the SC to interrogate women called as witnesses in their homes or through video conference. Kavitha said that she was called to the ED office and questioned for violating Section 160 of CrPC.
During the investigation, Kavitha said that there are many examples of ED officials inflicting mental and physical torture. In the petition, Kavitha said that the way the ED officials acted was shocking.
She said the manner in which ED officials behaved towards suspects made her anxious and afraid. She requested the SC to issue proper directions to conduct investigations under CCTV cameras and in the presence of lawyers.
