[PMLA Case] Delhi HC Seeks ED’s Response to AAP’s Satyendra Jain’s Plea Against Transfer of Cases

Satyendra Jain LawInsider

Priyanka Singh

Published on: September 26, 2022 at 19:54 IST

On Monday, the Delhi High Court issued a notice to the Enforcement Directorate (ED) regarding Aam Aadmi Party Leader Satyendra Jain’s plea against the transfer of proceedings against him in a money laundering case from a Special Court to another judge.

Justice Yogesh Khanna ordered the ED to file a response to the plea, and the matter was disposed for final disposal on September 28.

Principal District & Sessions Judge of Rouse Avenue Courts allowed an application filed by the ED seeking transfer of proceedings against Jain, where the case, being previously heard by Special Judge Geetanjali Goel, was to be heard now by Special Judge Vikas Dhull.

Senior Advocate N Hariharan, appearing for Jain, argued that the Principal Sessions and District Judge had failed to consider the issues and factors that led to the reasonable bias.

The Impugned Order –

Additional Solicitor General S. V Raju, appearing for the agency, told the Court that Jain could influence doctors and jail authorities having served the Ministry of Health and Jails in Delhi, and that, he could forge documents while seeking interim bail on grounds of ill health.

On the other hand, Senior Advocate Kapil Sibal, appearing for Jain, apprised the Court of the facts that the issue arose after Jain moved a regular bail application before the Special Judge on August 17 which was denied previously in June.

Sibal quoted the application by the agency as mala fide and that there was no apprehension put forth by ED before September 15th.

As per the official notification, Jain held no ministerial position and that, there was no ground of bias for his admission in a hospital administered by the Delhi Govt.

The Case –

ED had attached properties worth Rs. 4.81 Cr, which belonged to five companies and others that were connected to an alleged disproportionate assets case against Jain.

These assets were in the name of Akinchan Developers, Indo Metal Impex, Mangalayatan Projects, J. J Ideal Estate and Paryas Infosolution, etc.

The money laundering case was filed following an FIR registered by the CBI against Jain under the Prevention of Corruption Act, alleging the acquisition of assets disproportionate to the minister’s source of income during the period of February 2015 to May 2015.

After this, the CBI filed a chargesheet in December 2018 against Jain.

Currently, Jain is in Judicial Custody.

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