NEW DELHI: The Supreme Court on Tuesday sought the Enforcement Directorate’s response in AAP leader and minister Satyendar Jain’s plea challenging the Delhi HC’s order upholding the lower court’s decision to transfer the money laundering case to a new judge.
Issuing notice in the pleas, a bench of Justices MR Shah and Krishna Murari posted the same for October 31. Appearing for Jain, Senior Advocate Kapil Sibal appeared for Satyendar Jain and Senior Advocate Mukul Rohatgi appeared for Vaibhav Jain. Solicitor General Tushar Mehta appeared for the probe agency.
Jain has challenged the October 1 order passed by Justice Yogesh Khanna wherein the judge had said that all facts were duly considered by the Principal District & Sessions Judge while transferring the case which is being probed by ED and it could not be held that the decision suffered from any illegality. While affirming the lower court’s order it had noted that in view of certain circumstances, ED had an apprehension that justice may not be done and opined that such an apprehension was to be seen from the party’s point of view and not that of the judge.
The court had also said that the apprehensions raised by the agency were not at a “belated stage”. “Facts show that the department did not merely harbour such apprehension but rather acted upon it by rush in to this court (at an earlier occasion), hence it cannot be said to be flimsy or not reasonable,” the court had said.
Jain was arrested by ED based on an FIR lodged by Central Bureau of Investigation against the AAP leader in 2017 under the Prevention of Corruption Act. Earlier, SC had directed the Principal and District Sessions judge to hear and dispose of the Enforcement Directorate’s application seeking transfer of bail hearing in a money laundering case against Delhi Health Minister Satyendar Jain on September 22.
‘Reconsider Jain’s plea expeditiously’
A bench of Supreme Court Justices DY Chandrachud, Hima Kohli and P S Narasimha observed that in matters where the liberty of the accused is implicated, an application for transfer of case must be considered expeditiously and without delay