New Delhi, Aug 21 : The Delhi High Court has observed that the arrested Delhi Minister Satyendar Jain cannot be disqualified from Cabinet and Assembly as an “person with unsound mind”.Declining a request for disqualification of Jain on the grounds of “unsound mind” A panel of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said the Aam Aadmi Party lawmaker is facing criminal charges for various offences as well as the Code of Criminal Procedure which is concerned with investigation trial, inquiry, and investigation covers all eventualities and it is the duty of the prosecution or the court to take the appropriate steps in conformity with the law.
Based on the evidence in the petition the court cannot decide to label Jain as a “person with unsound mind” and exclude Jain from both the Cabinet as well as the Assembly the bench stated.
“It is true that there are cases were registered against respondent No.5 (Jain) and respondent No.5 is being prosecuted for various offenses according to the Indian Penal Code, Prevention of Corruption Act as in addition to Prevention of Money Laundering Act.But the fact is that the Code of Criminal Procedure, 1973 is a comprehensive code in itself, which offers a procedure in regard of investigation and inquiry, as well as trial.The Code of Criminal Procedure caters to all scenarios and it is the responsibility of the court or prosecution to take the appropriate steps in conformity with the law,” the recent order read.
“This tribunal, based on the assertions that were made in the petition in exercising of its jurisdiction in accordance with Article 226 of the Constitution of India cannot declare the defendant No.5 (Jain) as being with an insanity.This can’t disqualify him from becoming the Member of the Legislative Assembly or the Minister in the Government of NCT of Delhi in the the circumstances of the matter.In the end, the petition is dismissed.” it ruled.
The petition filed by petitioner Ashish Kumar Srivastava, through the Advocate Rudra Vikram Singh was argued that “The Delhi Government is clearly in violation of the Provisions of the Constitution of India in Article 191 (1)(b) which clearly states that a person may be disqualified from being elected as, and to be a member of the Legislative Assembly or Legislative Council of state in the event that he is of unsound mind and is as a result of a valid judge,”
“Continuing an insane person with numerous portfolios of the Government is deceiving the people of Delhi who elected a candidate with good appearance and good mental health.Respondent No .5 (Jain) holds an important portfolio in the government and because of his mental illness/insufficiency/memory loss, the people of the NCT of Delhi will suffer greatly,” it added.
Jain who’s bail has been refused in several hearings since May 31st Jain, who has been denied bail in various hearings since May 31, is in the custody of the judicial system.
The CBI has acquitted Jain as well as his wife, and others of infractions under the Prevention of Corruption Act.On March 31st the ED provisoly attached immovable property valued at 4.81 crore.4.81 million belonging to corporations controlled and owned by the minister.
On June 6th on the 6th of June, on June 6, ED conducted raids at various sites belonging to Jain and his wife as well as his associates, who had directly or indirectly helped Jain or participated in the process of money laundering.The search for the recovery of 2.85 crore in cash and 133 gold coins weighing 1.80 kg was uncovered.2.85 crore in cash and 133 gold coins, weighing 1.80 kg was uncovered during the raid.
Recently an identical plea seeking the suspension of Jain was rejected by the court of appeals.
It was claimed that Jain was arrested for his allegations of involvement in hawala transactions in 2015 and 2016 with a Kolkata-based company.The arrest is infuriating and incompatible with the rules of law since he is an official in the public service with an oath in the Constitution to protect the law of law in the interest of the people as stated.
jw/dpb
.
