Delhi HC rejects plea seeking suspension of Minister Satyendar Jain from cabinet
The minister under custody is still enjoying the perks and privileges of cabinet minister despite having been allegedly indicted under serious charges which may entail severe punishment.
New Delhi: The Delhi High Court has turned down the plea seeking suspension of Delhi Health Minister Satyendar Jain, who is under the custody of the Enforcement Directorate (ED) since May 31, in an alleged money laundering case.
A division bench presided over by Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed the petition moved by a veteran Delhi BJP leader Dr Nand Kishore Garg, who is a three-time elected MLA from Trinagar constituency after orally remarking that the court cannot travel beyond the statutes, rules, and notifications.
The petitioner was seeking issuance of guidelines for resignation or suspension of the ministers who are arrested beyond the stipulated time period of 48 hours as per the practice being followed relating to the public servants in terms of Rule 10 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965.
The plea observed that Jain was still enjoying the perks and privileges of a cabinet minister despite being under custody even though he had been indicted under serious charges which may entail severe punishment.
"The preferential treatment for minister under custody strikes to Article 14 of the Constitution of India and several judicial pronouncements including the constitutional bench judgement where Supreme Court had clearly held emphasizing that the Prime Minister or Chief Minister have immense discretionary power to uphold the rule of law and the individual having a criminal record should be made a minister under in the interest of the public at large," the plea read.
The plea further observed that the minister is neither suspended nor is there any intendment on the part of the Chief Minister, adding that the CM is supporting and providing the clean chit to Jain, which is in violation of the oath for the supremacy of the Constitution of India.
The counsel appearing for the petitioner also relied on various judgements of the Apex Court including the cases of Manoj Narula v. Union of India and M. Karunanidhi v. Union of India while submitting the plea, reports the Live Law. The petition was filed through Advocates Shashank Deo Sudhi, Dinesh Kumar Dakoria, Sachin Sain and Aman.
On June 27, a special CBI court extended the judicial custody of Delhi Minister Satyendar Jain -- arrested in connection with an alleged money laundering case, by 14 days.
However, disagreeing with the petitioners, the bench remarked orally, "We know our limitations. We have to obey the statutes, rules and notifications. We cannot travel beyond that. We are not the lawmakers."
The CBI has accused Jain, his wife and others of commission of offences under the Prevention of Corruption Act. On March 31, the ED provisionally attached immovable properties worth Rs 4.81 crore belonging to companies beneficially owned and controlled by the minister.
Medical Dialogues team had earlier reported that on June 6, the ED conducted raids at multiple locations belonging to Jain, his wife and his accomplices, who had either directly or indirectly assisted him or participated in the processes of money laundering. The recovery of cash worth Rs 2.85 crore and 133 gold coins weighing 1.80 kg was made during the raid. The Medical Dialogues team had earlier reported about the raids.
The money laundering case against Jain is based upon an FIR registered by the CBI against the minister and other individuals in the year 2017, under the Prevention of Corruption Act, wherein it was alleged that during the period of February 2015 to May 2017, the minister had acquired assets disproportionate to his known sources of income. After that, the CBI had then filed a charge sheet in December 2018 against Jain.
Meanwhile, a Public Interest Litigation has been moved in the Supreme Court which sought direction from the Delhi government to sack its Health Minister Satyendar Jain and from the Maharashtra Government to sack its Cabinet Minister Nawab Malik, in connection with money laundering cases against them. Responding to that, the vacation bench of the SC told the petitioners that the plea could only be posted after it is placed before the Chief Justice of India.
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