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Synopsis

A bench of Justice Yashwant Varma, of the Delhi High Court, on Monday, allowed Aam Aadmi Party Minister Satyendra Jain’s plea challenging proceedings under the Benami Transactions (Prohibition) Amendment Act, 2016.

Noting the Apex Court’s ruling that an application of law cannot be retrospective, the single-judge bench closed all the proceedings against Jain under the Act.

The court was hearing a batch of petitions against the initiation of proceedings under the Benami Transactions (Prohibition) Amendment Act, of 2016.

Earlier, the single-judge bench had stated that no action, coercive or otherwise, shall be taken against Satyendra Jain under the Benami Transactions (Prohibition) Amendment Act, 2016.

Justice Varma ordered that “since an adjournment is being sought on behalf of the respondent, the Court provides that no action, coercive or otherwise, shall be taken against the petitioners here under the Benami Transactions (Prohibition) Amendment Act, 2016.”

Court noted that the respondents were seeking an adjournment and that the revenue authority had already stated in another case that while it would pursue legal remedies in response to a Supreme Court decision in Union of India & Anr. vs. Ganpati Dealcom Pvt. Ltd on the Benami law, no action would be taken against the petitioner party.

The counsel for the Income Tax department, Advocate Zoheb Hossain, asked the bench for accommodation as Solicitor General Tushar Mehta was unavailable.

Case Title: Satyendra K Jain vs. The Union of India & Ors.

[Inputs: ANI]