”When history of court is written, this will not be a golden period”: Remarks Kapil Sibal to 3-judge SC Bench

“In the future narrative of this court’s legacy, it is unlikely to be hailed as a golden era,” remarked senior advocate Kapil Sibal to a three-judge panel of the Supreme Court during a hearing on Friday. His statement came amidst a case where the court refused to provide relief to BRS leader K Kavitha, who had been arrested by the Enforcement Directorate in connection with the Delhi excise policy case.

Representing Kavitha, Sibal faced the SC bench’s decision instructing his client to seek bail from a trial court. Responding to Sibal’s observation, Justice Sanjiv Khanna, leading the bench, simply remarked, “Let’s wait and see.”

The bench highlighted that it had already decided to address petitions requesting a review of the verdict in Vijay Madanlal Choudhary vs Union of India. In this case, the Supreme Court had upheld the provisions of the Prevention of Money Laundering Act (PMLA) and affirmed the powers of the Enforcement Directorate (ED) under the legislation enacted in 2002. Additionally, the bench announced its intention to consider Kavitha’s plea challenging the provisions of the Act alongside these petitions.

Sibal asserted that the investigating agency lacked substantive evidence aside from the statements provided by approvers. He emphasized, “I only ask for one thing – please refrain from directing me back to the high court. Hear the case, and render a verdict against me if necessary; I am prepared for that outcome. However, it’s crucial to recognize the broader implications of this situation in our country. Every piece of evidence presented solely consists of approver statements, without any concrete evidence to support them. This stands in stark contradiction to the directives set forth by this esteemed court.”