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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 on Tuesday reserved the order in the plea seeking directions to declare Satyendra Kumar Jain, a Cabinet Minister in Delhi Government, person with unsound mind and therefore, his disqualification from the Legislative assembly, reports ANI.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad after hearing the submissions made by the petitioner said, “We will pass appropriate orders”.
The plea 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.
Petitioner Ashish Kumar Srivastava through Advocate Rudra Vikram Singh further sought constitution of a Medical board to analyse Jain's mental condition.
Apart from that, 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 charge sheet 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 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 member.
"ASG S. V Raju further informed the court that Respondent No. 5 (Jain) has accepted that he had lost his memory due to severe Covid, which was never opposed by the Counsel of Respondent No. 5," the plea states.
Case Title: Ashish Kumar Srivastava v. Govt. of NCT of Delhi & Ors.
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