A local court in the national capital reserved its order on Thursday on the Enforcement Directorate’s application, seeking transfer of money laundering proceedings against AAP leader Satyendar Jain from a special court, alleging bias by the Judge.
The Rouse Avenue Court of Principal District & Sessions Judge Vinay Kumar Gupta reserved its verdict after hearing the arguments by Additional Solicitor General SV Raju, who represented ED, and Senior Advocate Kapil.Sibal, appearing for Jain.
Raju apprised the Court that having served as Minister of Health and Jails in Delhi, Jain could influence the doctors and jail authorities and could manage to forge the documents, while seeking interim bail on medical grounds.
He alleged that Jain faked his illness and got himself admitted in a hospital, being administratively run by the Delhi Government.
The Senior Advocate cast apprehensions on the Special Judge hearing Jain’s case, alleging that despite bringing on record various documents to show that Jain was an influencing personality and documents may be forged in his favour, the Judge refused to consider the same.
He pointed out that Jain remained in the hospital of his choice, despite being in custody, The Minister initially complained of serious health issues, seeking various adjournments in the court. However, the plea seeking interim bail on health grounds was later withdrawn.
Raju said this proved the ED’s contention by the fact that the application was withdrawn. If there was any substance, it would not have been withdrawn. The interim bail application was filed on the grounds that Jain was bed-ridden, could not move properly, and needed an assistance, the Senior Advocate pointed out.
Raju alleged that Jain was faking sickness and the hospital was managed. He said even a common man would know that if a Minister heading a hospital was admitted, there would be an element of bias as to how he would be examined there, but the Judge did not consider these arguments.
As per the ED Counsel, in his career of more than 42 years, he never came across a situation, where a certificate was granted to the accused that he could not be produced in court because of jerky movements… The Judge considered and endorsed it too, he noted.
Representing Jain, Senior Advocate Kapil Sibal said Jain moved a regular bail application before the Special Judge on August 17, having been denied the same once in June.