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'Question not of integrity': HC turns down Satyendar Jain's plea on new judge
Delhi minister Satyendar Jain was arrested in May in a money laundering case by the Enforcement Directorate.
The Delhi High Court on Saturday dismissed a plea by the Aam Aadmi Party leader Satyendar Jain, challenging the transfer of his money laundering case to a new judge. This comes just days after the Delhi minister contended before the court that “uncommon species are ruling the country” and he was being denied a fair trial by the Enforcement Directorate (ED) in the case.
"The question is not of integrity or uprightness of the judge; or of the authorities over which the petitioner once had jurisdiction, but is of an apprehension in the mind of a party," justice Yogesh Khanna said in an order. "The facts show the department did not merely harbour such apprehension but rather had acted upon it by rushing to this court, hence it cannot be said to be flimsy or not reasonable," the judge said.
"The question is not if there was any alleged violation of (the) Delhi Jail Manual and Rules, but allegedly of his stature/influence to allegedly seek benefit under such rules, " the judge added, further underlining: "The apprehension raised were not at a belated stage, as the request for an independent evaluation were consistently made."
SaJain and his co-accused - in the case - had sought to set aside the trial court order of last week transferring the case from special judge Geetanjali Goel to special judge Vikas Dhull.
In the court, Kapil Sibal - arguing on behalf of the accused - had argued: “The impact of the transfer will be that judges would think that every time ED asks something and I don’t give it, ED will seek transfer. It will have a chilling effect. Judges will be afraid to pass orders. It will bring anarchy if ED is allowed to do this."
The ED had arrested Jain and fellow accused Ankush Jain and Vaibhav Jain in a money laundering case based on a Central Bureau of Investigation (CBI) first information report (FIR) lodged against the AAP leader in 2017 under the Prevention of Corruption Act. Jain, currently in judicial custody, is accused of having laundered money through four companies linked to him.
In the trial court, the probe agency had sought transfer of the case, stating that “there is a grave likelihood and a reason to believe that the issues (in the case) have been premeditated”.
The federal agency had also said that while there was no complaint against the judge, it was “a case of probable bias in favour of the respondent (Satyendar Jain)" and as such there was “reasonable apprehension” in its mind that “ it might not get independent and impartial hearing in the matter.”
On September 23, the trial court had allowed the transfer to another judge. This was, however, later challenged by Jain in the high court.
