‘Can’t Declare Satyendar Jain Unsound,’ Says Delhi HC; Dismisses Plea to Disqualify AAP Minister

Cannot declare AAP minister Satyendar Jain, arrested in a money laundering case, as a person with unsound mind or disqualify him from the Cabinet and the Assembly, the Delhi High Court ruled today in a relief to the Aam Aadmi Party that is currently facing CBI heat over the Delhi Liquor Excise Policy.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said, “This Court, based upon the averments made in the writ petition, in exercise of jurisdiction under Article 226 of the Constitution of India cannot declare the respondent No.5 (Jain) as a person with unsound mind and cannot disqualify him from being a member of the Legislative Assembly or the Minister in the Government of NCT of Delhi in the facts and circumstances of the case. Resultantly, the writ petition is dismissed.”

The court also cited the Code of Criminal Procedure and said “The CrPC caters to all contingencies and it is for the prosecution/ court to take appropriate steps in accordance with law,” the High Court bench said.

The Delhi High Court was hearing a petition filed by Ashish Kumar Srivastava who claimed in his plea that Jain had himself admitted to losing his memory to the Enforcement Directorate (ED) and even told the trial court the same thing as well and argued that this is ‘reason enough to keep Jain from being permitted to continue as a lawmaker.’

“The news of losing the memory was covered widely in the news and these reports are in the public domain. Continuing as an unsound person with so many important portfolios of the Government is cheating the voters of Delhi, who have elected a person with clean image and good mental health,” the petition said adding that “Respondent No 5 (Jain) is holding an important portfolio in Government and because of his mental illness/unsound mind/memory loss the public of the NCT of Delhi will suffer a lot.”

Satyendar Jain was arrested on May 30 by ED for alleged money laundering and is presently in judicial custody. Last month, the high court had dismissed a plea to suspend Jain from the Cabinet following his arrest in the money laundering case, saying that it was left to the chief minister to decide whether a person with a criminal background should be allowed to continue as a minister or not.

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