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"Likelihood Of Bias": ED Moves Delhi High Court Seeking Medical Evaluation Of AAP Minister Satyendar Jain From Independent Hospital

Nupur Thapliyal
26 July 2022 11:33 AM GMT
Likelihood Of Bias: ED Moves Delhi High Court Seeking Medical Evaluation Of AAP Minister Satyendar Jain From Independent Hospital
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The Enforcement Directorate, probing a money laundering case against Aam Aadmi Party Minister Satyendar Jain, has moved the Delhi High Court seeking his medical evaluation from an independent hospital instead of LNJP hospital which is directly under the control of Delhi Government, alleging a likelihood of bias in medical report. Jain, who is presently in judicial custody in the case, had...

The Enforcement Directorate, probing a money laundering case against Aam Aadmi Party Minister Satyendar Jain, has moved the Delhi High Court seeking his medical evaluation from an independent hospital instead of LNJP hospital which is directly under the control of Delhi Government, alleging a likelihood of bias in medical report.

Jain, who is presently in judicial custody in the case, had moved an interim bail application on medical grounds before the Trial Court on July 10. He was later admitted to city's Lok Nayak Jaiprakash Hospital on July 15.

The agency has challenged the orders dated July 6 and July 19 passed by the Special Judge rejecting its prayer to get Jain medically evaluated by any independent hospital such as Ram Manohar Lohia Hospital or AIIMS hospital instead of the Lok Nayak Hospital as well as the order vide which the Judge sought a detailed medical report from LNJP Hospital, despite agency's objection.

It is thus the case of Directorate of Enforcement that medical examination of Jain by the LNJP hospital, being in direct control of the Delhi Government, will raise serious doubts for the reason that Jain was the health minister of GNCTD and also the fact that the said hospital prominently displays Jain's picture on its home page.

"The doctrine of fairness requires that the Respondent is evaluated independently by an independent hospital. It is the duty of the Court to remove any possibility of likelihood of any kind of bias and to ensure that fairness and impartiality prevails in all proceedings connected with the Court," the plea states.

It adds "The primary object of criminal procedure is to ensure a fair trial, and that a fair trial had naturally two objects in view; it must be fair to the accused and must also be fair to the prosecution."

The agency thus seeks directions to enable independent medical evaluation of Jain, claiming that he is an extremely influential person.

The plea also seeks direction to constitute a medical board consisting of panel doctors from AIIMS or RML or Safdarjung Hospital for enquiry or verification of Jain's actual medical condition.

The matter was listed before Justice Yogesh Khanna today which could not be heard due to non availability of ASG SV Raju. The case will now be heard later this week.

In a related news, the Delhi High Court has stayed the Trial Court direction permitting Satyendar Jain's counsel to remain present during his interrogation in the matter.

The agency had attached properties worth Rs. 4.81 crore belonging to five companies and others in connection with an alleged disproportionate assets case against Jain and others.

These assets reportedly were in the name of Akinchan Developers, Indo Metalimpex, Paryas Infosolutions, Mangalayatan Projects and J.J. Ideal Estate etc.

The money laundering case is based upon an FIR registered by the CBI against the minister and other individuals in the year 2017, under the Prevention of Corruption Act, wherein it was alleged that during the period of February 2015 to May 2017, the minister had acquired assets disproportionate to his known sources of income. The CBI had then filed a chargesheet in December 2018 against Jain.

In an earlier statement, the ED had reportedly said thus:

"During the period 2015-16, when Satyendar Kumar Jain was a public servant, the above mentioned companies beneficially owned and controlled by him received accommodation entries to the tune of Rs.4.81 crore from shell companies against cash transferred to Kolkata-based entry operators through 'hawala' route," the ED had earlier said in a statement.

Case Title: ED v. Satyendar Jain

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