In the case of jailed Aam Aadmi Party leader Satyendar Jain, the Supreme Court has asked Sessions Judge Delhi to decide by Thursday, 22 September, in which court Jain’s case will be heard on the ED’s application. This is relief news for Satyendra Jain, as the Delhi CJM Court did not take any decision on transferring the case on the previous date and adjourned the matter till 30 September. While the bail plea of Jain is also being heard. Technically, Satyendar Jain will have to remain in jail till at least 30 September. But by ordering an early hearing, the Supreme Court cleared the way for his bail hearing too soon.
ED and CBI have registered a case against Satyendra Jain in money laundering case. When the matter was heard in the special judge’s court, the special judge asked some tough questions to the ED. After this development, the ED filed an application in the CJM court to transfer the case to another court. The CJM court did not take any decision on transfer of the case. While Jain’s lawyers had asked the CJM court to give a date in the matter at the earliest so that the bail hearing could proceed.
Senior Advocate Kapil Sibal, appearing for Satyendar Jain, today appeared before a three-judge bench headed by Justice DY Chandrachud on Wednesday, September 21. Kapil Sibal told the Supreme Court that the ED deliberately delayed the application in the last hour before the trial court. So that the decision on Jain’s bail hangs. The ED did not even file any formal application for transfer of the case to any other judge and on behalf of the ED, it was stated in the ASG court that they are applying for transfer of the case to another court.
Kapil Sibal said that freedom of an individual is more important than anything else. Opposing Sibal’s contention, ASG SV Raju, appearing for the ED, told the court that they have directions to seek transfer in the case and an application will also be filed at an appropriate time. Sibal replied to the ASG that the trial court had been hearing the matter for two years and if it was transferred to another court now, the entire proceedings would have to be heard by that court again. Till then our client’s bail will also be hanging.
To this, the bench of Justice Chandrachud said, the liberty of the individual is sacrosanct, and therefore we have taken up the matter on an urgent basis. After this, the Supreme Court asked the Sessions Judge of Delhi to decide the matter on Thursday itself. However, the Supreme Court bench also said that it cannot decide the bail plea on merits and suggested that the trial court judges should hear the matter and decide on priority basis.
In the disproportionate assets and money laundering case registered against Satyendar Jain, his wife Poonam Jain and others, the ED in April seized immovable properties worth Rs 4.81 crore owned by private firms under the Prevention of Money Laundering Act, 2002. did.
The ED chargesheet states that Satyendar Jain had acquired assets disproportionate to his known sources of income during the period February 14 to May 31, 2017 while serving as a minister in the Delhi government.
Interesting Events in Satyendra Jain Case
On Monday 19 September, a very strange development happened in Jain’s case. On that day, ASG Raju orally informed Principal District and Sessions Judge (CJM) Vinay Kumar Gupta about the application for transfer of the case. After which notice was issued to the respondents in this case. At the same time, the CJM court adjourned the hearing of the case till September 30. In this way, the special judge’s court cannot take any decision on the bail of Satyendra Jain till September 30.
Jain’s counsel Sushil Kumar Gupta, on behalf of his clients, accepted the notice expressing surprise at the fact that the ED has sought transfer of the entire trial in this case. Gupta said, we were given the impression that it was an application in the matter of bail application. But now there is a demand to transfer the case to another court.
Advocate Gupta asked the court to give a shorter date, as the hearing on the bail plea was going on for 40 days and was “in its final stages”. But the CJM court gave the date of 30 September.
tough court questions
The ED requested the special judge’s court to transfer the case for specific reasons. While hearing the matter, Special Judge Geetanjali Goel had asked tough questions to the ED. Reviewing Jain’s bail plea, Special Judge Geetanjali Goel asked about the ‘crime in the case’. The judge asked the ASG, where has the crime taken place in this case, tell me? Can Rs 4.61 crore be the income of the alleged criminal while CBI has mentioned Rs 1.46 crore in its charge sheet? Can this money be more than that money in DA case?
In fact, there is a huge disparity in the amount mentioned by the CBI and the ED in the chargesheet. The court had questioned the ED on the same issue. There were no answers to the tough questions of the special ED judge.
Jain’s lawyers allege that first on September 13 and then on September 15, the ED made way for a date-to-date in this case. Deliberately, the court was told late that an application was being made to transfer the matter to another court. On Wednesday, the ED also admitted in the Supreme Court that till now the special judge’s application for transfer of the case from the court has not been filed.