Delhi HC orders trial court not to consider Satyendar Jain’s medical report from government hospital
The Enforcement Directorate, in its plea, said that the minister should be examined at an independent hospital while dealing with his interim bail application.
The Delhi High Court on Thursday directed a trial court not to consider Aam Aadmi Party leader Satyendar Jain’s medical report from the state government-run Lok Nayak Jai Prakash Hospital while dealing with his interim bail application, Bar and Bench reported.
Jain is a minister without a portfolio in the Arvind Kejriwal government. He was arrested by the Enforcement Directorate on May 30 under the Prevention of Money Laundering Act. He is currently in judicial custody.
The Enforcement Directorate had filed a plea seeking that Jain’s medical examination should be carried out at an independent hospital such as the All India Institute of Medical Sciences or the Ram Manohar Lohiya Hospital instead of Lok Nayak Jai Prakash Hospital, where he is currently admitted, PTI reported.
Additional Solicitor General SV Raju, appearing for the Enforcement Directorate, argued that Jain is taking advantage of his post in the Cabinet, reported Bar and Bench.
He told the Delhi High Court that Jain was arrested 46 days ago but he has not spent a single day in jail.
“He was arrested on May 30,” Raju said. “He was remanded to judicial custody on June 13. He has been in judicial custody since then. Till today, it has been 46 days. He got himself admitted for 26 days in LNJP and before that he spent 20 days in jail dispensary.”
Raju also cited the example of West Bengal minister Partha Chatterjee, who was arrested by the Enforcement Directorate in connection with an alleged scam in the recruitment of teachers in the state. Raju said that the Calcutta High Court ordered not to admit Chatterjee to a state-run hospital and instead directed the authorities to take him to AIIMS Bhubaneshwar.
The Enforcement Directorate argued that there is a possibility that Jain’s medical report from a Delhi government hospital can be tutored since he is a minister, Bar and Bench reported.
The agency’s plea also mentioned that Jain’s picture continues to be on the Lok Nayak Jai Prakash Hospital’s website and on the plaque in the building. In the picture, Jain is inaugurating the hospital as the guest of honour, it added.
When the investigating officer went to the hospital to ensure that Jain appears before the vacation judge through video conference, he was found sleeping on the bed without a cannula inserted in his hand, the petition alleged. The multi-parameter patient monitor was switched off and he was not being observed by any other medical instrument as well, it said.
“His wife was present in the room and when the IO reached the room, Jain immediately wore the oxygen mask, the BP apparatus belt and monitor was switched on,” the plea alleged, reported Bar and Bench.
After hearing the argument, a bench of Justice Jasmeet Singh on Thursday issued a notice on the central agency’s plea and listed the case for further hearing on August 17.
“It is directed that the special judge shall not consider the medical report from LNJP till the next date of hearing,” Justice Singh ordered.
The case against Jain
The money laundering case is based on a first information report filed by the Central Bureau of Investigation in 2017. The central agency has alleged that between February 2015 and May 2017, Jain acquired assets disproportionate to his income.
The Enforcement Directorate has alleged that five firms – Akinchan Developers Private Limited, Indo Metal Impex Private Limited, Paryas Infosolutions Private Limited, Manglayatan Projects Private Limited and JJ Ideal Estate Private Limited – are shell companies controlled by Jain and his relatives.
The agency claimed that money routed through the companies was used to buy land or repay loans taken for buying agricultural land in and around Delhi.
In April, the Enforcement Directorate had attached immovable property worth Rs 4.81 crore allegedly belonging to companies linked to Jain and his relatives.
Kejriwal has called the allegations against Jain as false. He said the case was politically motivated.