Transfer Plea: ED Says AAP Leader Satyendar Jain Faked Illness, Judge Ignored Objections

A Delhi Court on Thursday reserved order on the application moved by Enforcement Directorate (ED) for transfer of the money laundering proceedings against Aam Aadmi Party leader Satyendar Jain from a Special Court. The order is likely to be pronounced tomorrow by Principal District & Sessions Judge Vinay Kumar Gupta. Appearing for the agency, Additional Solicitor General SV Raju told the Court that having served as Minister of Health and Jails in the city, Jain could influence the doctors and jail authorities and manage to get forged documents while seeking interim bail on grounds ill health. Raju argued that Jain faked his illness and got himself admitted in a hospital, being administratively run by the Delhi Government.Therefore, Raju said that the agency has an apprehension of bias against the Special Judge in deciding the matter, on the ground that despite bringing on record various documents to show that Jain was an influencing personality and documents may be forged in his favour, the Judge refused to consider the same. "He also happened to be minister of jails. Jail superintendent and jail doctors are managed. Jail authorities can be managed either by money power or otherwise political power," Raju argued. He added "Our case is that the reports would be forged because he was a minister there. That wasn't considered. Despite our objections, the Judge called for report."Arguing that Jain remained in hospital of his choice despite being in custody, Raju submitted that while Jain complaint of how serious his health was, various adjournments were sought from his side in Court and the plea seeking interim bail on health grounds was withdrawn later. "This proves my contention by the fact that the application was withdrawn. If there was any substance, it wouldn't have been withdrawn. It was filed on the ground that I (Jain) am so sick, bad ridden, can't move, need an assistance. This was their case. Our case is he is faking sickness, the hospital is managed. Judge didn't consider our arguments on this point," Raju argued. He added "The Judge doesn't say a whisper about it. It could have rejected my argument that the hospital was managed. But not a whisper.""When we say that he (Jain) was a jail minister, the Judge didn't't consider anything. Jail staff and the jail superintendent were under him.....Look at the conduct of the judge. I need not use any adjective for the conduct. But I demonstrated from the record of the case." Raju also submitted that even a common man would know that if a minister heading a hospital is admitted, there will be an element of bias as to how he will be examined in the said hospital. "In my career of more than 42 years, I never came accross a situation that a certificate is granted to accused that he be produced in court because of jerky movements.... when he is to be produced to court, he gets a certificate that because of jerky movement, he shouldn't go. The Judge considers it, endorses it," Raju said. On the othet hand, Senior Advocate Kapil Sibal appearing for Jain took the Court through the facts of the case by submitting that the issue arose after Jain moved a regular bail application before the Special Judge on August 17, having been denied the same once in June."I assume they have a genuine apprehension a month before regular bail application was filed. I guess any party having genuine apprehension will move immediately. On August 17, my bail application is filed. It is argued on several days. What's important is, he files counter to application on August 20. Doesn't raise question of bias. If he had apprehension that judge was biased in my favour, there's not a whisper in response to the bail application," Sibal submitted.Calling the agency's application as a mala fide plea, Sibal said that no apprehension was put forth by ED before September 15 when the matter was being heard in its final stages. "Orally you're attributing something to the judge. And the judge is entitled to say you haven't answered to the question. Is the judge supposed to be a silent spectator? How is this a relevant fact? Judge also agreed when issues were controverted during submissions. Is this a ground for transfer?," Sibal said. He added "All this happened much prior. What is the bias that the judge may grant regular bail? Because judge didn't allow accused to be shifted to AIIMS or Safdarjang? When did that happen? In July. Between July and September 13, nothing happened.""This is a mala fide application, to derail the trial, to prolong my custody, to ensure that their whims and fancies are agreed to and send a message to judiciary that if you don't agree to us, this is what will happen."Sibal also said that as per an official notification, Jain was not holding the ministerial position of any department anymore. "He is not a minister of any portfolio. He is neither a health minister nor jail minister, he is in jail," he added. Sibal also said that merely because the hospital where Jain was...

Transfer Plea: ED Says AAP Leader Satyendar Jain Faked Illness, Judge Ignored Objections

Nupur Thapliyal

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