The Supreme Court on Wednesday directed the Rouse Avenue Court in the national capital to hear and dispose of the transfer application filed by the Enforcement Directorate (ED) in the case involving Delhi Health Minister Satyendar Jain, who is presently in judicial custody on charges under the Prevention of Money Laundering Act (PMLA).
The Bench of Justice D.Y. Chandrachud, Justice Hima Kohli and Justice P.S. Narasimha came down heavily on Principal District & Sessions Judge Vinay Kumar Gupta for not deciding the transfer case petition of ED earlier, despite knowing that Jain’s bail application depended on the same.
The Apex Court also gave permission to the party aggrieved by the order of the Principal District and Sessions Judge to seek appropriate remedies in law.
The Bench took the decision after hearing arguments by Senior Advocate. Kapil Sibal, who appeared for Jain, and Additional Solicitor General (ASG) S.V. Raju.
While refusing to decide on Jain’s bail application or the correctness of transfer application on merits, the Supreme Court said that the competent court was to look into the same.
The Apex Court, however, lamented that while issuing notice in the ED’s transfer application on September 19, the Rouse Avenue Court, should have given a shorter date for next hearing than September 30.
Jain had moved the petition before the Apex Court, challenging the trial court verdict, which issued notice on ED’s plea for replacing Judge in the case and also stayed the proceedings in the case, as well as in his bail petition.
Senior Advocate Kapil Sibal raised the matter in the Supreme Court, questioning the reason given by the District Judge in the order to stay the proceedings of case before the Rouse Avenue Court hearing Jain.
The Rouse Avenue Court in Delhi had on Monday, put stay on both trial court proceedings and bail proceedings in the case alleging money laundering by the Aam Aadmi Party leader.
The decision followed a petition by ED, which sought transfer of proceedings in the case to another court. The district judge of Rouse Avenue Court also issued a notice to all the accused on the ED’s plea seeking transfer.
ED had arrested Jain on May 30 under the provisions of PMLA and is presently in judicial custody. The Rouse Avenue Court had earlier granted bail to the wife of Delhi Minister Poonam Jain, in the same case.
On June 6, the national agency had claimed to have seized Rs 2.85 crore cash and 133 gold coins weighing 1.80 kg from the relatives of the Delhi Minister. ED had also claimed of seizing various incriminating documents and digital records during the day-long raids.