Supreme Court notice to ED over AAP leader Satyendar Jain's plea against new judge

NEW DELHI: The Supreme Court on Tuesday issued a notice to the Enforcement Directorate (ED) on AAP leader Satyendar Jain's plea challenging the Delhi High Court order which dismissed his plea challenging trial court order allowing the agency's petition to transfer his case to another judge. Jain is under the ED scanner in connection with the money laundering allegations against him.  

 

Supreme Court issues notice to Enforcement Directorate on AAP leader Satyendar Jain's plea challenging the Delhi HC order which dismissed his plea challenging the trial court order allowing the agency's petition to transfer his case to another judge. pic.twitter.com/YWyxItMj56 — ANI (@ANI) October 11, 2022

 

The Delhi High court had last week dismissed Jain’s plea challenging the trial court order transferring his money laundering case to another judge. Justice Yogesh Khanna dismissed Jain`s plea challenging the order of September 23, 2022, passed by the Principal District and Sessions Judge transferring his money laundering case from one court to another. Justice Khanna noted in the order that the question is not of integrity or uprightness of the Judge but apprehension in the mind of a party (ED).

Satyender Jain had moved Delhi High Court challenging Principal District and Sessions Court of Rouse Avenue Court order allowing ED Petition for transfer of his case to another judge. 

Justice Khanna while passing the order observed that the facts show that the Enforcement Directorate (ED) did not merely harbour an apprehension of bias but had acted upon it as well by rushing to the HC and therefore the apprehension cannot be said to be flimsy or not reasonable. 

The court further observed, "The apprehensions raised were not at a belated stage, as the request for an independent medical evaluation was consistently made."The court held that the district judge while transferring the case has considered all these aspects and therefore does not suffer from any illegality and does not require any interference.

The ED had contended that the doctors and jail authorities were managed as the accused earlier had the Health and Jail Department portfolio as Delhi cabinet Minister. 

During the rebuttal argument, Senior Advocate Rahul Mehra argued that there is no material to show biasedness on the part of the judge. Rahul Mehra had referred to the application moved by ED seeking transfer of the case to another judge which said that the agency is not casting any aspersions but there is a grave likelihood, and reason to believe that issues were premeditated. 

The ED on June 6 claimed to have seized Rs 2.85 crore in cash and 133 gold coins weighing 1.80 kg from Satyendra Jain`s aides during its day-long raid conducted at various places across Delhi and the National Capital Region (NCR).

(With Agency Inputs)