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The plea alleged that during the hearing in Jain's bail plea before Delhi's Rouse Avenue Court, it was placed on record that Jain told ED officers that due to a severe case of covid, he had lost his memory.
The Delhi High Court has dismissed the plea seeking directions to declare Satyendra Kumar Jain, a Cabinet Minister in Delhi Government, a person with an unsound mind and therefore, his disqualification from the Legislative assembly.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that while exercising jurisdiction under Article 226 of the Indian Constitution, it is not possible to declare Satyendra Jain to be of unsound mind and Court cannot disqualify him from serving as a member of the Legislative Assembly or Minister of Government of NCT of Delhi.
Court noted that Jain is facing prosecution for various offences under the Indian Penal Code, the Prevention of Corruption Act, and the Prevention of Money Laundering Act.
However, Court added that the Code of Criminal Procedure, 1973 is a complete Code in itself that provides a mechanism in respect of investigation, inquiry, and trial and it covers all contingencies and it is for the prosecution/ court to take appropriate steps in accordance with the law.
Accordingly, Court dismissed the plea filed by Ashish Kumar Srivastava through Advocate Rudra Vikram Singh.
The division bench last week reserved its order in the plea wherein it was stated that Jain, member of Legislative Assembly from Shakur Basti constituency, himself declared that he lost his memory before the Officers of Enforcement Directorate (ED) and the same was also informed to the Special Judge Rouse Avenue District Court, New Delhi by the Additional Solicitor General.
Therefore, referring to Article 191 (1)(b) of the Constitution of India, the plea sought Jain's disqualification.
"The Delhi Government is clearly violating the Provisions of Constitution of India under Article 191. Article 191 (1)(b) of the Constitution of India (which) clearly states that a Person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of State if he is of unsound mind and stands so declared by a competent court", the plea stated.
The petitioner sought direction to Delhi Government to declare all the decisions null and void taken by Jain after he suffered from Covid and consequently lost his memory.
The Central Bureau of Investigation registered one FIR in 2017 under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 and Section 109 of the Indian Penal Code, against Jain, his wife, and 4 other co-accused persons.
Allegations against Jain are that he, while being posted as Minister in GNCTD during the period February 2015 to May 2017, acquired disproportionate assets to the tune of Rs.1,62,50,294 in his and his family members' name.
The chargesheet against Jain and others was filed in 2018 by the CBI. Meanwhile, the ED also registered a case against Jain in August 2017, pertaining to the same allegations, and he was arrested by ED in May 2022.
As per the plea, it was during the hearing in Jain's bail plea before the Special Judge, Rouse Avenue Court, New Delhi, the ASG placed on record that Jain had stated before the officers of ED that due to the severe case of Covid, he doesn’t remember many things like his signature and also he doesn’t remember of which trust or organization he is a member.
Case Title: Ashish Kumar Srivastava v. Govt. of NCT of Delhi & Ors.
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