The High Court of Delhi will deliver its verdict on Thursday on the bail petition of former Delhi Health Minister and Aam Aadmi Party leader Satyendar Jain, who was arrested by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) on May 30, 2022.
The Single-Judge Bench of Justice Dinesh Kumar Sharma will pronounce the order at 10:30 am. It will also pass orders on the bail pleas of co-accused Vaibhav Jain and Ankush Jain.
Earlier on March 21, the High Court had reserved its order on Jain’s bail plea after hearing arguments from both sides.
The national agency had challenged the bail petition of Jain on the grounds that charges of money laundering against Jain in the case were ‘crystal clear’.
Additional Solicitor General (ASG) S.V. Raju, who appeared for ED on February 15, had contended that Jain was in the ‘thick of these things’.
He submitted that special treatment given to the former Minister by Prison authorities in Tihar jail was testimony to the fact that ED’s apprehension throughout was correct.
The ASG said that being a former minister of Prisons and Health, Jain was receiving favourable treatment from Jail officials, including the prison doctors.
Jain still continued to be a sitting minister in the Government of NCT Delhi and thus, was intimidating the witnesses through his incarceration, he added.
As per the ED Counsel, this was not a baseless allegation as it was corroborated with the facts borne out from the CCTV footage of Tihar jail premises submitted by ED before the PMLA Special Judge.
The national agency further raised apprehensions of Jain attempting to influence witnesses, as was borne out from the video footage, where he could be seen interacting with the co-accused on a regular basis.
The Counsel added that there was a high likelihood that the applicant once released, might seek to frustrate the proceedings under the Act.
The Counsel appearing for Jain before the High Court had submitted that no case was made out against him, since there was no requirement to continue his incarceration after the filing of the charge sheet. He further said that the former Minister had fully cooperated in the investigation.
On November 17 last year, Special CBI Judge Vikas Dhull at Rouse Avenue Court had dismissed the bail petition of Jain on the grounds that prima facie he was involved in concealing the proceeds of crime.
The trial court had further denied bail to co-accused Vaibhav Jain and Ankush Jain, observing that the accused consciously assisted Jain in concealing the proceeds of crime and therefore, were guilty under the PMLA.
ED had submitted that during the period between 2015 and 2016, when Jain was a public servant, he owned companies ‘beneficially owned and controlled by him,’ which received accommodation entries amounting to Rs 4.81 crore from shell companies against the cash transferred to Kolkata-based entry operators through a hawala route.
Appearing for Jain before the trial court, Senior Advocate N. Hariharan had contended that Jain’s only fault was that he became a Minister and joined public life. Apart from this, there was nothing in the case, which could be attributed to the AAP leader.
The Central Bureau of Investigation (CBI) had registered a case against Jain under Sections 13(2) (criminal misconduct by public servant) read with 13(e) (disproportionate assets) of the Prevention of Corruption Act, 1988.
CBI alleged that Jain had acquired movable properties in the name of various persons between 2015 and 2017, which he could not satisfactorily account for.