The Delhi High Court on Monday issued notice to the Enforcement Directorate on the plea of former Delhi Health Minister Satyendar Jain challenging the order of transfer of his case, and asked ED to file a reply.
The court will hear the matter on Wednesday.
The bench comprising of Justice Yogesh Khanna posted the matter on September 28, after Additional Solicitor General SV Raju said to argue the case later.
On the other hand, senior advocates N Hariharan and Rahul Mehra submitted that it is an urgent matter.
Hariharan submitted that the hearing on bail application was going on from August. This transfer order is unwarranted and sends a wrong message to society.
Mehra submitted that the order of the Supreme Court said that the bail matter should be decided in 14 days. This matter should be heard today or tomorrow.
ASG SV Raju said that the notice has not been issued. "I am not available tomorrow, so please keep the matter on Wednesday," he added.
At this point, Hariharan said, "there is an election on Wednesday. So please keep it for tomorrow."
Satyendar Jain had on Friday moved the Delhi High Court seeking a transfer of his case to another judge.
Jain moved Delhi High Court challenging the Principal District and Sessions Court order allowing ED petition to transfer his case to another judge.
The Division Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad allowed the mentioning and listed the matter for Monday after senior advocate Rahul Mehra appearing for Jain mentioned the matter to the bench.
The move came hours after Rouse Avenue Court transferred the Prevention of Money Laundering Act (PMLA) case of Satyendar Jain to another court on Friday morning, after hearing a petition from the Enforcement Directorate (ED).
On Friday, the Principal District and Sessions Judge Vinay Kumar Gupta agreed to transfer the Satyendar Jain money laundering case to another judge and listed the matter afresh for hearing today itself.
According to the order, the case was transferred to Special Judge Vikas Dhull. Earlier, it was heard in length by Special Judge Geetanjali Goel.
Earlier on Thursday, during arguments of ED, Additional Solicitor General (ASG) SV Raju submitted that there was an attempt to seek medical bail by using false medical reports.
"Satyendar Jain was also the Jail Minister. He spent most of the time in the hospital during judicial custody, the medical report was fake. We gave all the documents to the court, but nothing happened. He has been handling the Delhi Prisons too as a Minister and can use power, money, and influence," ASG Raju added.
Appearing for Satyendar Jain, senior advocate Kapil Sibal submitted that he was shifted to LNJP Hospital and as per the jail manual no violation was held.
"When the same judge granted remand to Satyendar Jain then it was fine. The ED plea seeking the transfer of the case to another is clearly showing a malafide contention. The ground taken by the ED is totally vague," Sibal said.
Earlier the court of District Judge had stayed Satyendar Jain's trial after ED plea had sought the transfer of the case and issued notices to all the accused persons.
All three accused, Satyendra Jain and the co-accused Ankush Jain and Vaibhav Jain are currently in Judicial Custody.
Senior Advocate N Hariharan, appearing for Satyendra Jain, expressed his displeasure with Special Judge Geetanjali Goel and submitted, "It's really unfair. Totally uncalled for. They are preempting things. We'll oppose it tooth and nail."
The ED had arrested Satyendar Jain and two others in a money laundering case based on a CBI FIR lodged against the AAP leader in 2017 under the Prevention of Corruption Act. The minister was accused of having laundered money through four companies allegedly linked to him.
On September 16, the ED quizzed Jain inside the Jail in relation to the Excise policy case.
Special Judge Geetanjali Goel allowed the application moved by the ED seeking permission to question Satyendar Jain in the excise policy case.
Recently the court also took cognizance of the chargesheet filed by the ED against Satyendra Jain, his wife, and eight others including four firms in connection with the money laundering case.
The ED on June 6 claimed to have seized Rs 2.85 crore in cash and 133 gold coins weighing 1.80 kg from Satyendar Jain's aides during its day-long raid conducted at various places across Delhi and the National Capital Region (NCR). During these raids, the agency also seized various incriminating documents and digital records.
The ED initiated the money-laundering investigation on the basis of a First Information Report (FIR) registered by the Central Bureau of Investigation (CBI) on August 24, 2017.
The FIR was registered under Section 13(2) and 13(1)(e) of the Prevention of Corruption Act, 1988 against Satyendar Jain, Poonam Jain, Ajit Prasad Jain, Sunil Kumar Jain, Vaibhav Jain and Ankush Jain.
( With inputs from ANI )
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