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The Delhi High Court dismissed a plea seeking suspension of Health Minister, Satyendar Jain, who is currently under judicial custody in connection with a money laundering case being probed by the Enforcement Directorate. 

A divison bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed the plea, which was moved by one Dr. Nand Kishore Garg, former Member of Legislative Assembly of Delhi from Trinagar constituency. 

The petition prayed for the issuance of guidelines with regard to resignation or suspension of ministers if they are arrested for crimes of moral turpitude. The petition suggested that minister should resign from office if arrested beyond a stipulated time of 48 hours as per the practice being followed by public servants under Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965

The petition, which was filed through Advocates Shashank Deo Sudhi and Dinesh Kumar Dakoria, stated that despite being in custody, Satyendar Jain was still enjoying perks and privileges of being a cabinet minister. The petitioner argued that even though Jain has been indicted under serious offences, he was being given special and preferential treatment in custody. 

The petitioner further stated that Jain was never suspended upon his indictment and was not even appropriately penalised. He further stated that so far Chief Minister Arvind Kejriwal has also not shown any intention of taking action against him. 

Background 

Satyendar Jain was arrested by the Enforcement Directorate in a money laundering case on May 30. The money laundering case against Jain is based on an FIR registered by the CBI against him and other individuals in 2017, under the Prevention of Corruption Act. 

The FIR alleged that the minister had acquired assets disproportionate to his known sources of income. In 2018 the CBI had filed a chargesheet against Jain. 

Thereafter, he filed a bail application before the Special CBI Court but the same was rejected. 

A similar PIL has also been moved in the Supreme Court seeking direction to Delhi Government to remove Jain from office. The PIL has also prayed for directions to the Maharashtra Government to remove its Cabinet Minister Nawab Malik, in connection with money laundering cases being investigated against them.

Cause Title:- Dr. Nand Kishore Garg v Govt of NCT of Delhi & Ors.