The former Health minister of Delhi Satyendar Jain has approached the Delhi High Court challenging a order by a lower court allowing plea by the Enforcement Directorate to transfer his bail plea from the judge who was hearing the matter, to another judge.
This matter was posted by Senior Advocate Rahul Mehra before Chief Justice Satish Chandra Sharma’s bench for urgent listing.
Advocate Mehra apprised the Court that proceedings in the bail matter are to start from 2 pm today and have been directed to be completed in a week.
The High Court, has allowed listing of the case for Monday.
Earlier the Rouse Avenue court had considered the plea of the Enforcement Directorate and had given permission for transferring the proceedings in the bail application filed by Delhi minister Satyendar Jain to another special court.
The Principal District and Sessions Court Justice Vinay Kumar Gupta had said yes to the agency’s plea after hearing the arguments in the case on Thursday.
The matter shall now be heard be heard by the Special Judge Vikas Dhull.
Earlier, the Special Judge Geetanjali Goel had also heard the Aam Aadmi Party submission on minister’s bail plea and the matter was at the final leg, when the ED sought a transfer.
The Additional Solicitor General SV Raju and the Special Prosecutors Zoheb Hossain and NK Matta who represented Enforcement Directorate, whereas Senior Advocate Kapil Sibal appeared for Satyendra Jain.
The ASG pointed out yesterday that there are grounds for seeking the transfer and argued that Jain initially sought medical bail and got admitted to Lok Nayak Hospital, which is under the control of the Delhi government.
He also submitted that they had objected saying it was under his control and he was a minister, the medical report can be biased, tainted. We asked for transfer. We also produced page of website where his photo was printed. Despite that, she (special judge) calls for a report, doesn’t record out objections.
He also added that Satyendra Jain faked his illnesses for getting admitted in a hospital of his choice. The photo on the hospital’s website showed him to be the patron of the hospital.
SV Raju added that even after these things been pointed, the judge did not record the investigation agency’s apprehension.
As per ED, Jain was in a position to get a doctored medical report and even influence jail authorities, as he held the jail ministry portfolio.
Kapil Sibal, on the other hand, said that the issue arose with respect to the regular bail application filed on August 17.
Kapil Sibal contended that I assume that they had reasonable, genuine apprehension that the judge was biased. In that case they should haver moved an application on judge been biased. on August 17 , the bail was filed, argued on several days. He files a counter on 20th. He doesn’t raise the question before. If he had apprehension that judge was biased, he would have said you can’t hear this. Not a whisper. Matter is argued August 20, 23, 27, 30, September,1,8. Not a whisper about bias. Then we closed the rejoinder on September 13.
Sibal called the application by Enforcement Directorate seeking transfer as purely malafide in nature. He added that the same was meant to “derail trial”, “prolong custody”, “ensure whims and fancies”, and “send a message to the judiciary that if you disagree with us, this is what will happen.