28 July 2022 11:20 AM GMT
The Delhi High Court on Thursday restrained city's Rouse Avenue Court for the time being from considering the medical report from LNJP Hospital of Aam Aadmi Party Minister Satyendar Jain who is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate. Justice Jasmeet Singh issued notice on the plea filed by ED seeking Jain's medical evaluation from...
The Delhi High Court on Thursday restrained city's Rouse Avenue Court for the time being from considering the medical report from LNJP Hospital of Aam Aadmi Party Minister Satyendar Jain who is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.
Justice Jasmeet Singh issued notice on the plea filed by ED seeking Jain's 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 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.
Appearing for ED, Additional Solicitor General SV Raju submitted before the Court that Jain had not spent even a single day in jail and that he was taking advantage of being a minister of the State.
Raju argued that out of the total 46 days spent by Jain in custody, he was in jail dispensary for 20 days and the remaining 26 days were spent by him in LNJP hospital.
Accordingly, restraining the Trial Court from considering medical report by LNJP hospital till the next date of hearing, the Court posted the matter for further hearing on August 17.
The agency had 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 was 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 agency thus sought directions to enable independent medical evaluation of Jain, claiming that he is an extremely influential person.
The plea also sought 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 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