In a recent development, Supreme Court Justice Prashant Kumar Mishra has opted to abstain from presiding over the bail plea filed by former Delhi Health Minister Satyender Jain in the money laundering case against him. Jain has been incarcerated since May 2022 when he was apprehended by the Enforcement Directorate (ED).
During the proceedings, a bench comprised of Justices AS Bopanna and Prashant Kumar Mishra conveyed to Jain's legal counsel, Senior Advocate Abhishek Manu Singhvi, that the current panel of judges would not be handling the case. Consequently, the bench has scheduled the matter to be heard on either September 12 or 19, pending approval from the Chief Justice of India, by an alternative bench.
It is worth noting that Justice Mishra had recently recused himself from adjudicating the bail plea of Jawaharlal Nehru University (JNU) student and activist Umar Khalid in relation to the Delhi Riots conspiracy case.
Today's hearing pertained to the bail plea of Satyender Jain, a prominent member of the Aam Aadmi Party (AAP) and former Delhi Health Minister, who has remained in detention since May 2022 due to his involvement in a money laundering case investigated by the ED.
Back in May, the Supreme Court had granted Jain interim medical bail, which has been subsequently extended. The court imposed strict conditions, including a directive that Jain must refrain from influencing witnesses or leaving the National Capital Territory of Delhi without the court's permission. Additionally, Jain was required to furnish all documents related to his medical treatment while on interim bail.
On May 18, the apex court had solicited the ED's response regarding the matter.
The case against Jain initially commenced with the Central Bureau of Investigation (CBI) registering charges under Sections 13(2) (criminal misconduct by a public servant) and 13(e) (disproportionate assets) of the Prevention of Corruption Act, 1988. The allegations revolved around Jain's acquisition of movable properties in the names of various individuals between 2015 and 2017, which he was unable to account for satisfactorily.
Subsequently, the ED registered its own case and contended that numerous companies, effectively owned and controlled by Jain, had received accommodation entries totaling ₹4.81 crore from shell companies. These entries were made against cash transfers to entry operators in Kolkata through hawala channels.
Before this recent development, Jain had previously been denied bail by the High Court, which cited his influential status and failure to meet the twin criteria for bail under the Prevention of Money Laundering Act (PMLA). A trial court had also rejected his bail plea on November 17, 2022.
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