In a huge setback to the Aam Aadmi Party (AAP) leader Satyender Jain, the Delhi High Court on October 1, 2022 dismissed the plea made by Delhi Health Minister challenging the trial court order transferring his money laundering case to another Judge. It must be noted that Satyender Jain had moved the Delhi High Court challenging the order that allowed the transfer application filed by the Enforcement Directorate in Jain’s bail plea in a money laundering case. It ought to be mentioned here that the Delhi High Court Judge - Hon’ble Mr Justice Yogesh Khanna dismissed Jain’s plea challenging the order of September 23, 2022, passed by the Principal District and Sessions Judge transferring his money laundering case from one court to another.

Needless to say, Satyender Jain had moved Delhi High Court challenging the Principal District and Sessions Court of Rouse Avenue Court order allowing ED Petition for transfer of his case to another Judge. During the rebuttal argument, we witnessed how senior advocate Rahul Mehra had argued that there is no material to show biasedness on the part of the Judge. Rahul Mehra had referred to the application moved by the ED seeking transfer of the case to another Judge which said that the agency is not casting any aspersions but there is a grave likelihood, and reason to believe that issues were premeditated.

To be sure, the senior counsel Rahul Mehra argued that there may be a bias between the accused and jail authorities, and added, Where the Judge came into this? Even Ajmal Kasab had a fair trial in this country, it is the fairness of our judicial system. The contention of Rahul Mehra definitely has a fair point. Another senior and eminent lawyer Kapil Sibal while arguing for Jain had contended that uncommon species are ruling the country and he was being denied a fair trial by the Enforcement Directorate (ED) in the case. Sibal said that as per an official notification, Jain was not holding the ministerial position of any department anymore. He also said that merely because the hospital where Jain was admitted was under the administrative control of Delhi government is no ground to allege bias. Very well said!

Having said this, we also at the same time cannot be oblivious of the irrefutable fact that Additional Solicitor General SV Raju who appeared for the ED had referred to various Supreme Court judgments and hastened to add that:
It is one of the cardinal principle of administration of justice – justice should not only be done but it should be seen to be done. He further went on to add that Jain is an influential person and he had portfolios of health and jail and that the jail authorities had shifted him first to GB Pant Hospital and then to LNJP Hospital, both under the Delhi government and Jain could have easily rigged his medical report.

It would be instructive to note that after the transfer, Jain’s bail plea will now be heard by Special Judge Vikas Dhull. Earlier, it must be mentioned that it was Special Judge Geetanjali Goel who was hearing it. Hon’ble Mr Justice Yogesh Khanna observed that in the instant matter, the question was not of integrity or uprightness of the Judge; or of the authorities over which the petitioner (Jain) once had jurisdiction but of an apprehension in the mind of a party.

Adding more to it, the Delhi High Court further observed that such an apprehension is to be seen from the angle of a party and not of a Judge, referring to a 1987 judgment of the Apex Court in Ranjit Thakur vs Union of India. The Apex Court had very clearly held that as to the tests of the likelihood of bias, what is relevant is the reasonableness of the apprehension in the mind of the party.

It cannot be glossed over that Hon’ble Mr Justice Yogesh Khanna very clearly mentioned that ED did not merely harbour an apprehension of bias but had rather acted upon it as well by rushing to the High Court and therefore, the apprehension cannot be said to be flimsy or not reasonable. The Court further observed that:
The apprehensions raised were not at the belated stage, as the request for an independent medical evaluation was consistently made. The Court held that the District Judge while transferring the case had considered all these aspects and therefore does not suffer from any illegality and does not require any interference.

It also must be stated that the ED had contended that the doctors and jail authorities were managed as the accused earlier was himself donning the Health and Jail Department portfolio as Delhi Cabinet Minister. This is a very serious charge and it certainly cannot be taken lightly. This was what certainly weighed in the mind of Delhi High Court Judge – Hon’ble Justice Yogesh Khanna also.

It also must be mentioned that before the Delhi High Court, the Enforcement Directorate had argued that Jain had misused his position as the Lok Nayak Hospital – where he got admitted and his name there was prominently displayed on the plaque at the entrance of the Hospital. This itself clearly suggested that how much influence he commanded in the Hospital. No denying it. Additional Solicitor General SV Raju who was appearing for ED argued that the agency was not casting any aspersions on the Judge as it was nobody’s case that bias has been proved.

In hindsight, it must be mentioned that the Aam Aadmi Party (AAP) leader Satyendar Jain was arrested on May 30, 2022 by the Enforcement Directorate (ED) under the provisions of the Prevention of Money Laundering Act (PMLA) and is presently in judicial custody. We had seen earlier how the Rouse Avenue Court had granted bail to Poonam Jain who is the wife of Satyendra Jain in the money laundering case. It may be recalled that the ED on June 6, 2022 had claimed to have seized Rs 2.85 crore of cash and 133 gold coins weighing 1.80 kg from Satyendra Jain’s aides during its day-long raid conducted at various places across Delhi and the National Capital Region (NCR).

For esteemed readers exclusive benefit, it must be mentioned that after an ED’s plea that sought transfer of the case from a Special Court, the Principal District and Sessions Judge on September 19 had stayed the proceedings in the matter. The Judge had then posted the application for hearing on September 30. However, after the urgent mentioning before the Supreme Court, the Principal District and Sessions Judge was directed to take up, hear and dispose of the plea by today itself.

It would be worthwhile to mention that the 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 were reportedly in the name of Akinchan Developers, Indo Metal Impex, Paryas Infosolutions, Mangalayatan Projects and JJ Ideal Estate etc. It is worth noting that the money laundering case is based upon an FIR that was registered by the CBI against the Minister Satyender Jain and other individuals in 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 2018 against Jain. Presently as we know, Jain is in judicial custody in the said money laundering case.

It also deserves mentioning that the ED had also seized various incriminating documents and digital records during these raids. The ED had arrested Jain and two others in a money laundering case based on a Central Bureau of Investigation (CBI) first information report (FIR) lodged in 2017 under the Prevention of Corruption Act. It must be borne in mind that Jain who is currently in judicial custody is accused of having laundered money through four companies linked to him.

All said and done, while definitely this is definitely a huge setback for Satyender Jain but his case still is yet to be finally decided. So all the doors are certainly not closed for him. We must therefore certainly keep our fingers crossed on which way the dice will roll for him in the concerned Court and let the concerned Court itself who will decide this leading case do the speaking through its judgment on whether he is guilty or not in the case that has been framed against him by the ED.

No doubt, we are definitely no one to speculate on it and so we should refrain from indulging in any kind of speculation on what the Court will finally rule in this leading case which has captured the limelight in most of the newspapers, news portals and news channels. It is the Court that will rule finally on whether there is really some substance in the serious charges that have been levelled against him. Till then, it merits no reiteration that he has to be definitely considered innocent until proven guilty.

Of course, this is the fundamental canon of jurisprudence of law as we have witnessed for ourselves always in our country from which we cannot depart in this leading case also under any circumstances just like in other cases! There can be just no denying or disputing it!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh