Delhi HC issues notice to ED on AAP leader Satyender Jain's plea challenging trial court cognisance, judicial remand order
Jul 25, 2024
New Delhi [India], July 25 : Delhi High Court on Thursday issued notice to Enforcement Directorate (ED) on a plea filed by Aam Aadmi Party (AAP) leader and Delhi's former cabinet minister Satyendar Jain challenging the trial court cognisance order and subsequent judicial remand order in connection with a money laundering case.
The Rouse Avenue Court, on July 29, 2022, took cognisance of ED's prosecution complaint (chargesheet) and issued a summons for Satyender Jain in the matter.
The bench of Justice Neena Bansal Krishna sought a response from Enforcement Directorate and fixed the matter for August 22, 2024.
Senior Advocate N Hariharan and Advocate Mayank Jain appeared for Satyendar Jain in Delhi High Court.
In May, the Delhi High Court issued notice to Enforcement Directorate on Satyendar Kumar Jain's default bail plea in Money Laundering Case. Satyender Jain challenged Delhi's Rouse Avenue Court's order, which had denied him default bail in the matter.
Jain, through this default bail plea before the Delhi High Court, contended that the ED failed to complete the investigation in all respects within the statutory period.
Jain further submits that the prosecution complaint, which is not complete in all respects, was filed in an attempt to deprive the applicant of his right to default bail under the provisions of Section 167 (2) Cr.P.C. He further submits that it is a settled position of law that filing the chargesheet when investigation is pending can not be used to scuttle the right of default bail.
A charge sheet should be filed only when the investigation is complete. Filing an incomplete chargesheet or complaint in a PMLA case when the investigation is pending is violative of the fundamental rights of the accused under Article 21 of the Constitution of India.
It negates the indefeasible right to default bail under Section 167 (2) Cr.P.C. Therefore, even if a chargesheet is filed, when the investigation has not been completed, an accused in a PMLA case would also be entitled to default bail.
Earlier, the Delhi High Court dismissed bail plea of Satyendra Jain. The High Court while dismissing the Satyendar Jain bail plea, stated that the applicant is an influential person and has the potential to tamper with evidence. Satyender Jain/applicant, at this stage, can't be held to clear the twin conditions of the Prevention of Money Laundering Act (PMLA).
On November 17, 2022, the trial court dismissed the bail petition of Satyendar Jain. He was arrested on May 30, 2022, under sections of the Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate and is presently in judicial custody in the case.
The ED case is based on a Central Bureau of Investigation (CBI) complaint registered on the allegation that Satyendar Jain had acquired movable properties in the name of various persons from February 14, 2015, to May 31, 2017, which he could not satisfactorily account for.
