The Delhi High Court on Monday issued notice to the Enforcement Directorate for its response to a plea by Aam Aadmi Party leader Satyendar Jain seeking default bail in a money-laundering case, reported Bar and Bench.
Justice Swarana Kanta Sharma posted the matter for hearing on July 9.
On May 15, Delhi’s Rouse Avenue Court had issued an order dismissing Jain’s bail plea, after which he moved the High Court.
The former Delhi health minister, who was arrested by the Enforcement Directorate in May 2022, is accused of having laundered money through four companies allegedly linked to him.
The Enforcement Directorate’s case is based on the Central Bureau of Investigation’s case against Jain, filed in August 2017 under the Prevention of Corruption Act. A year later, it filed a chargesheet against Jain, his wife and four of his associates.
In April 2022, the Enforcement Directorate had attached immovable property worth Rs 4.8 crore belonging to Akinchan Developers Private Limited, Indo Metal Impex Private Limited, Paryas Infosolutions Private Limited, Manglayatan Projects Private Limited and JJ Ideal Estate Private Limited.
The former Delhi health minister has said in his petition before the Supreme Court that the Central agency had not only failed to complete its investigation within the statutory time period, but had also filed an incomplete prosecution complaint [equivalent to a chargesheet] before the trial court on July 27, 2022.
The petition alleges that the Enforcement Directorate filed the incomplete prosecution complaint in an attempt to deprive Jain of his right to default bail, which he became entitled to under the Criminal Procedure Code after the chargesheet was filed.
Jain claimed that the filing of an incomplete chargsheet, under the Prevention of Money Laundering Act, at a time when the investigation against him was pending violated his fundamental right to liberty under the Indian Constitution.
On March 18, the Supreme Court rejected Jain’s regular bail and cancelled his interim bail granted by the top court in March 2023 on medical grounds, after he was hospitalised with complaints of breathing problems.
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