Supreme Court Directs Rouse Avenue Court To Take Up And Decide Transfer Application Moved By ED in Satyendra Jain's Case Tomorrow

In a plea assailing the stay of trial proceedings granted by Principal District & Sessions Judge Rouse Avenue in an application moved by the Directorate of Enforcement (ED) seeking transfer the case against Aam Aadmi Party leader Satyendar Jain from a Special Court, the Supreme Court, on Wednesday, directed the Principal District & Sessions Judge Rouse Avenue to take up, hear and dispose of the transfer application filed by the ED on 22nd September, 2022. "The transfer application to be taken up at the earliest...on 22Sept, 2022. We direct the Principal District Judge Rouse Avenue to take up the transfer application tomorrow and consider and dispose it of." While passing the said order, a Bench comprising Justices D.Y. Chandrachud, Hima Kohli and P.S. Narasimha clarified that it is open for the party aggrieved by the order of the Principal District & Sessions Judge to seek appropriate remedies in law. It noted that the appropriate forum to decide the bail application would be dependent upon the decision of the Principal District & Sessions Judge in the transfer application. "We clarify that the party aggrieved can seek apt remedies in law. The forum for hearing of bail will depend upon the decision of the District Judge." After hearing arguments put forth by Senior Advocate, Mr. Kapil Sibal, representing Satyendra Jain, and ASG, Mr. S.V. Raju, the Bench categorically refused to decide Jain's bail application or the correctness of the transfer application on merits. It stated that the competent court is to look into the same. However, the argument that found favour with the Court was that while issuing notice in the transfer application on 19th September, 2022, the Principal District and Sessions Court instead of directing the matter to be listed on 30th September, 2022, ought to have given a shorter date, especially when Jain's bail application is dependent on the outcome of the same. Considering that the bail application of Jain cannot be decided until the transfer application is decided, the Bench thought it fit to direct the Principal District & Sessions Judge Rouse Avenue to hear and dispose of the matter tomorrow itself (22nd September, 2022). ED 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 Metal impex, 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. Presently, Jain is in judicial custody in the said money laundering case. Recently, the Delhi High Court had dismissed a public interest litigation seeking to declare Satyendar Jain as a person of 'unsound mind' thereby seeking his disqualification from the Delhi Legislative Assembly. Another PIL seeking Jain's suspension amid a probe by ED was dismissed by the High Court in July. Previously, the High Court had stayed the Trial Court direction permitting Jain's counsel to remain present during his interrogation in the matter. The condition was imposed by the trial Court while remanding Jain to ED's custody till June 9.Click Here To Read/Download Order

Supreme Court Directs Rouse Avenue Court To Take Up And Decide Transfer Application Moved By ED in Satyendra Jain's Case Tomorrow

Sohini Chowdhury

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