The Delhi High Court has dismissed a public interest litigation (PIL) seeking to declare Aam Aadmi Party leader Satyendar Jain as a “person with unsound mind” and disqualify him from serving as a Member of Legislative Assembly (MLA) and a minister.
Jain is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.
A division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held the opinion that the Court cannot declare Jain to be a person of unsound mind and disqualify him from serving as a member of the Legislative Assembly or a Minister in the Government of NCT of Delhi while exercising its writ jurisdiction under Article 226.
The bench noted that the MLA is being investigated for a number of offenses and that the Code of Criminal Procedure, which governs the course of an investigation, an inquiry, and a trial, covers all possibilities. Therefore, it was observed, it was up to the prosecution/court to take the proper actions in accordance with the law.
“It is true that cases have been registered against respondent No. 5 (Jain), and respondent No. 5 is being prosecuted for a number of offenses under the Indian Penal Code, the Prevention of Corruption Act, and the Prevention of Money Laundering Act”, the court said in its rationale. However, the 1973 Law of Criminal Procedure is a complete code in itself, including a procedure for investigation, inquiry, and trial, it added.
“The Code of Criminal Procedure caters to all contingencies and it is for the prosecution/court to take appropriate steps in accordance with law,” the court said in its order dated August 16.
The Court thus dismissed plea moved by one Ashish Kumar Srivastava, who claimed himself to be a social worker.
The argument made in the plea was that Jain admitted to having memory loss to officers of the Enforcement Directorate and Additional Solicitor General SV Raju had informed the same to the Trial Court hearing the case.
The plea further alleged that when Satyendra Jain was confronted with some documents by ED officers, he stated that he did not remember and also denied his Signatures by stating that due to severe case of Covid, he had lost his memory.
Jain was arrested by the ED on May 30 under the provisions of the Prevention of Money Laundering Act (PMLA) and is still in judicial custody.
The high court dismissed a petition to remove Jain from the Cabinet following his arrest in the money laundering case in July, saying it is up to the chief minister to decide whether a person with a criminal record should be permitted to continue as a minister or not.
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