Decide if Jain’s bail plea will be heard by new judge: SC to Delhi court

Taking up the matter on an urgent mention by senior advocate Kapil Sibal, who appeared for Jain, a bench of justices Dhananjaya Y Chandrachud, Hima Kohli and PS Narasimha noted that the ED application for transfer of Satyendar Jain’s bail plea was taken up by the principal district and sessions judge-cum-special judge (PC Act) (CBI), Rouse Avenue court on September 19.

The Supreme Court on Wednesday ordered a trial court to decide on Thursday whether the bail application by Delhi minister Satyendar Jain be heard by a Special CBI judge currently seized of the matter or a new judge, as requested by the Enforcement Directorate (ED).

File photo of Delhi minister Satyendar Jain. (ANI)

Taking up the matter on an urgent mention by senior advocate Kapil Sibal, who appeared for Jain, a bench of justices Dhananjaya Y Chandrachud, Hima Kohli and PS Narasimha noted that the ED application for transfer of Jain’s bail plea was taken up by the principal district and sessions judge-cum-special judge (PC Act) (CBI), Rouse Avenue court on September 19. The same day, the district judge stayed the bail proceedings pending before another special CBI judge and posted the matter for hearing on September 30.

Since this meant that Jain will have to remain incarcerated till there is a decision on transfer of his bail plea to a new court, the bench said, “The net result is that the application for bail which has been moved by the petitioner would stand postponed to an uncertain future date beyond the decision on the application for transfer which has been moved by the respondent.”

The top court directed the principal district judge to take up and decide the matter on Thursday and said, “In such matters where the liberty of the accused is implicated, an application of that nature must be considered expeditiously and without delay.”

Sibal informed the Supreme Court that the bail application was argued on six occasions before the same judge from whom the investigating agency was seeking a transfer of the case. “Normally, this court protects the judge hearing these matters,” Sibal said, requesting the apex court to pass any orders to facilitate early hearing on his bail plea.

The ED had registered a case against Jain in August 2017, accusing him of amassing assets disproportionate to his known sources of income during the period when he was a minister in the Delhi government between February 2015 and May 2017. Jain was arrested on May 30.

Additional solicitor general (ASG) SV Raju appearing for ED told the court that there were sufficient reasons for the agency to seek transfer of the bail petition. He was agreeable to get the matter preponed from September 30 to an early date, including Thursday.

The Court passed the order after recording the consent of both sides and held, “It would be open to any party which is aggrieved by the decision on the application for transfer to seek recourse to appropriate remedies in law.” The Court allowed ED as well as Jain to approach any higher judicial forum to challenge the decision to be taken by the Rouse Avenue court.