Easy to fling allegations: CJI after objection raised on listing of Jain's petition before different bench combinations
Dec 14, 2023
New Delhi [India], December 14 : The Chief Justice of India, DY Chandrachud, remarked on Thursday that it is easy to fling allegations and explained that due to the unavailability of Justice AS Bopanna due to medical reasons, former Delhi Minister and AAP leader Satyendar Jain's bail matter was listed for different bench combinations.
When the bench led by CJI DY Chandrachud assembled post-lunch, CJI remarked that it is easy to fling allegations.
The CJI also clarified that the reason Justice Trivedi hears the matter is because it is dealing with the extension of interim bail. CJI said that he finds it surprising for any member of the bar to say that they want this particular judge to hear the matter.
The Chief Justice further remarked that there was a communication from Justice AS Bopanna to the registry that he will not sit after Diwali due to medical reasons and to take all matters heard from him.
Therefore, the Satyender Jain bail matter was assigned to Justice Trivedi who had last heard the matter, CJI said.
Solicitor General Tushar Mehta said that the best way for such letters is to ignore them.
Earlier in the day, CJI Chandrachud declined to interfere with the listing of former Delhi minister Satyendar Jain's bail plea before a different bench combination.
Senior Advocate Abhishek Manu Singhvi, appearing for Jain, mentioned before the bench headed by CJI Chandrachud about the Jain bail plea, which is listed before a combination of different benches. The senior advocate sought to defer the matter till Justice AS Bopanna, who was heading the bench hearing Jain's plea, returned from leave.
Earlier, Jain's bail plea was partly heard by a bench of Justices AS Bopanna and Bela M Trivedi. Today, the matter is listed before a bench of Justice Trivedi and Justice Satish Chandra Sharma.
CJI expressed his unwillingness to consider Singhvi's plea and said that a hearing on the matter will be decided by the judge before whom the matter is listed.
CJI said that "the judges before which the matter is listed will take a call."
The matter is listed for hearing today before a bench of Justices Trivedi and Sharma.
In the last hearing, the court adjourned the matter for a hearing on December 14. In an earlier hearing, Justice Trivedi said that interim order cannot continue for that long, and they have to see these aspects.
However, Senior Advocate Singhvi had said that the interim order cannot be touched as the bench that was hearing the matter is not assembling. He had urged the court to keep the matter in January as he was told that other judges would sit next month.
Jain has undergone surgery on July 21. The interim bail given to Jain on medical grounds is extended from time to time.
On May 26, the top court granted interim bail to Satyendar Jain for six weeks in the money laundering case but imposed various conditions including neither to talk with the media nor to leave Delhi without permission.
The top court had also given Jain to choose any hospital of his choice for his medical treatment. The top court had made it clear that interim bail is considered in medical conditions.
Satyendar Jain has moved the top court seeking bail in money laundering cases. He has challenged the Delhi High Court order dismissing his bail plea in the money laundering case against him.
Satyendar Jain's lawyer had told the top court that he had lost 35 kg and turned into a skeleton due to this.
Former Delhi minister Satyendra Jain has moved the Supreme Court to challenge the Delhi High Court order dismissing his bail plea in the money laundering case against him.
On April 6, the Delhi High Court dismissed the bail plea of Satyendra Jain. The HC 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).
The HC had kept the order reserved for March 21 after the conclusion of the submissions made by the defence and prosecution sides after multiple hearings.
During arguments in the High Court, Additional Solicitor General (ASG) SV Raju appeared for the Enforcement Directorate contented that money laundering is crystal clear against Jain and other co-accused.
In his bail plea, Jain stated, "I appeared before ED on 7 occasions. I have cooperated and participated in the investigation. I was arrested 5 years down the line in 2022."
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.