​‘Jail Isn’t A Place for Enjoyment’: ED Lawyer Concludes Arguments Against Satyendar Jain’s Bail Plea

Jail is not a place for enjoyment, said Additional Solicitor General (ASG) SV Raju, appearing for the Directorate of Enforcement (ED), on Wednesday, as he concluded his arguments opposing Aam Aadmi Party (AAP) minister Satyendar Jain’s bail plea in a money-laundering case. Special Judge Vikas Dhull will continue hearing the counter arguments on November 10.

Earlier, the ED had submitted CCTV footage that showed an unknown person giving a foot and body massage to Jain inside his cell in the presence of three other unknown persons. The unknown masseuse also delivered some documents to and from the accused petitioner in a suspicious/clandestine manner. The ED had also claimed that Jain was provided with fresh-cut fruits/green salad by some unknown person directly in his cell. The agency also submitted that Jain’s cell was being cleaned, mopped, and broomed by an unknown person under the supervision of co-accused Ankush Jain. Bedsheet and pillow cover, etc. are being changed and the cell is being arranged by an unknown person well before Jain enters the cell.

Referring to the CCTV footage submitted by the ED last week on the “VIP treatment", ASG Raju stated, “Kindly look at the conduct of Jain in jail, he is clearly abusing power sitting in the jail."

He further contended that Jain is either in hospital for some treatment or sitting and enjoying in Tihar jail. “Jail is not a place for enjoyment."

‘MISLED THE AGENCY’

During the hearing in Delhi’s Rouse Avenue Court, ASG Raju relied on statements of witnesses and submitted that “Jain has misled the investigating agency". He argued that Jain gave a false statement on oath (Section 181 of the Indian Penal Code) and it would amount to “false evidence" mentioned under Section 191 of IPC, which would attract punishment under Section 193 of the IPC. “This would amount to an additional offence and grounds for rejecting bail," he stated.

Raju also argued that Jain “controlled" and had “command" over JJ Ideal Company during the period in which the cheques were issued and before it. He further argued: “No prudent person would invest in a private company that has no business…It was not a one-time business. Why would someone invest in Calcutta-based companies?…only to compensate black money."

The ASG argued that to route the “black money", Jain invested in the shell companies. He further submitted that Vaibhav Jain is a close aide and is trying to protect Jain when he said that he along with Jain had paid the money to Calcutta-based operatives.

Raju stated that as per the income tax records and balance sheet, Jain was not in the “capacity" to pay cash to the operators and he did not even have Rs 1 crore in his account.

‘SHELL COMPANIES’

On Monday, ASG Raju said all five companies associated with Jain and his aides Ankush Jain and Vaibhav Jain are just “shell companies" and did “no real business". He also argued that these companies had “no intrinsic value" and that they existed only to convert Jain’s “black money" into “white".

The ASG had also argued on the aspect of Share Application Money, where he stated, “We did not find any application of share! We did not find any Demat share!"

ARRESTED IN MAY

In April, the ED had attached assets worth Rs. 4.81 crore linked to Jain and his family.

The ED had initiated an investigation based on a first information report (FIR) registered by the Central Bureau of Investigation (CBI) against Jain and others under relevant sections of the IPC and the Prevention of Corruption Act.

It was alleged that when Jain was a public servant, companies owned and controlled by him received up to Rs. 4.81 crore from shell companies through the hawala network. He was arrested on May 31.

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