New Delhi: There was no necessity to arrest BRS MLC K Kavitha, still ED arrested her. There is murder of necessity to arrest, there is a murder of Section 19 of PMLA, Senior advocate Abhishek Manu Singhvi, her counsel, argued on her bail before the special court on Monday.
Singhvi was arguing before special judge Kaveri Baweja of Rouse Avenue Court.
He argued that the prosecuting agency (ED) has become the persecuting agency. There is no fairness and impartiality in its approach.
“A summon a day is to keep ED happy like an apple a day, keeps a doctor happy”, Singhvi said.
He was arguing on interim as well regular bail of K Kavitha who is in judicial custody till April 9 in Delhi Excise policy case.
Special judge asked Singhvi are you pressing both interim and regular bail. He said, “yes”.
ED filed a reply to the interim bail application. Special counsel Zoheb Hossain for ED opposed and said that “you can’t have cake and eat it. Today, we had to argue just on interim bail…this is why you had sought a shorter date,” Hossain said.
The court adjourned arguments on bail of K Kavitha after hearing initial submissions on April 4 after hearing initial submissions.
The court asked senior advocate Singhvi to decide whether you want to argue on the interim or final bail.
At the outset Singhvi submitted that he will argue the bail on ten grounds. He said that the first point is “Necessity to arrest”.
He submitted that in 9th statement of Pillai, there were statement, there was nothing incriminating against me. In the tenth statement he implicated me. There is contradictions in his statements.
He further submitted that in this ED filed Chargesheet and supplementary charge sheet filed. Kavitha’s name was not there. She was not declared as accused, Singhvi argued.
He argued, ” When you arresting an accused the probe agency is required to show why arrest it needed.”
The applicant was examined for hours. There was no necessity of arresting K Kavitha as she was cooperating with ED summons.
“ASG gave oral submission that she would not be arrested till 26 March. She was arrested on the same day when ASG retracted from his oral undertaking given before the Supreme court,” Singhvi argued.
He further argued that this lady has roots in the society. She was never incarcerated. Is she a proclaim offender, can she flee. Where is the reason to believe that she would flee, he questioned.
Singhvi said that ED is a super empire. They are beyond the court, the country and the constitution…according to them, only ED can be trusted and no one else.
Giving me summons the same day I cooperate is a complete travesty of justice…it’s the antithesis of necessity to arrest, Singhvi said.
He further stated that You’ve already interrogated me…for hours. After my writ in SC, they (ED) sent me the fifth summon.
Singhvi said that CBI is usually less trigger happy (relatively to the ED).
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