SC to continue hearing Satyendar Jain bail plea on January 11, ED to argue
CJI also mentioned about the communication received from Justice AS Bopanna to take up part heard matter from him because he will not be able to hear the matter due to medical reasons
ANI
Senior AAP leader Satyendar Jain (Photo/ANI)
NEW DELHI: The Supreme Court on Tuesday listed January 11 for further hearing on AAP leader Satyendar Jain's bail plea in a money laundering case. On the next date of hearing, the Enforcement Directorate will begin its argument on the bail plea. A bench of Justice Bela M Trivedi and Justice Pankaj Mithal listed the matter for January 11 after Jain's counsel concluded their arguments. Meanwhile, Jain's interim bail will remain extended till further orders in a money laundering case.
Senior Advocate Abhishek Manu Singhvi, appearing for Jain, pressed for former minister's bail and said that the allegation cannot be enough to keep him behind bars till trial is over. He took the court through the details of the case against the former minister.
When the hearing began today, the court noted that initially none of the counsel of the jain were present in the courtroom. When Justice Bela Trivedi said that they would cancel the interim bail if no one appeared before it in five minutes, Jain's defence counsel arrived at the court soon. During the hearing, the court sought to know from Jain's counsel whether they had filed any application for discharge or for quashing in predicate offence. Jain's lawyer apprised the court that argued on discharge in the court but the probe agency moved an application saying they are on further investigation.
Senior Advocate Singhvi took the Court through the latest medical report and the surgery undergone. Yesterday, Senior Advocate Singhvi told the court that Jain has cooperated in the matter and there is no predicate offence made against the former minister. The lawyer had said that according to the law, assets of a company can never be attributed to a shareholder or director and he asked how money can be attributed to Jain which lies in the company.
Additional Solicitor General SV Raju, who appeared for the probe agency, will argue on Thursday. Meanwhile, the hearing on Jain's bail has witnessed many twists and turns in December 2023, as Chief Justice of India DY Chandrachud explained why the matter was listed before a different combination of bench as there was matter relating to extension of bail.
CJI also mentioned about the communication received from Justice AS Bopanna to take up part heard matter from him because he will not be able to hear the matter due to medical reasons.
Earlier, Jain's bail plea was partly heard by a bench of Justices AS Bopanna and Bela M. Trivedi. Later, the matter was listed before a bench of Justice Trivedi and Justice Satish Chandra Sharma. Jain underwent surgery on July 21. The interim bail given to Jain on medical grounds is extended from time to time.
On May 26, the top court granted interim bail to Satyendar Jain for six weeks in the money laundering case but imposed various conditions, including refusing to talk with the media or leaving Delhi without permission. The top court had also given Jain to choose any hospital of his choice for his medical treatment. The top court had made it clear that interim bail is considered in medical conditions. Satyendar Jain has moved to the top court seeking bail in money laundering cases.
He has challenged the Delhi High Court order dismissing his bail plea in the money laundering case against him. Satyendar Jain's lawyer had told the top court that he had lost 35 kg and turned into a skeleton due to this. Former Delhi minister Satyendra Jain has moved the Supreme Court to challenge the Delhi High Court order dismissing his bail plea in the money laundering case against him. On April 6, the Delhi High Court dismissed the bail plea of Satyendra Jain.
The HC while dismissing the Satyendar Jain bail plea, stated that the applicant is an influential person and has the potential to tamper with evidence. Satyender Jain/applicant, at this stage, can't be held to clear the twin conditions of the Prevention of Money Laundering Act (PMLA). The HC had kept the order reserved for March 21 after the conclusion of the submissions made by the defence and prosecution sides after multiple hearings.
During arguments in the High Court, Additional Solicitor General (ASG) SV Raju appeared for the Enforcement Directorate contented that money laundering is crystal clear against Jain and other co-accused. In his bail plea, Jain stated, "I appeared before ED on 7 occasions. I have cooperated and participated in the investigation. I was arrested 5 years down the line in 2022." On November 17, 2022, the trial court dismissed the bail petition of Satyendar Jain.
He was arrested on May 30, 2022, under sections of the Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate and is presently in Judicial Custody in the case.
The ED case is based on a Central Bureau of Investigation (CBI) complaint registered on the allegation that Satyendar Jain had acquired movable properties in the name of various persons from February 14, 2015, to May 31, 2017, which he could not satisfactorily account for.
