Delhi: SC dismisses Satyendar Jain’s regular bail plea; AAP says he’s a ‘hero’

The Supreme Court on Monday (March 18) dismissed senior AAP leader Satyendar Jain’s regular bail in a money-laundering case, saying there is sufficient material collected by the Enforcement Directorate (ED) to show that he, along with his two associates, are prima facie guilty of the alleged offence.

A bench of justices Bela M Trivedi and Pankaj Mithal asked Jain, who was out on interim bail, to surrender immediately. The Aam Aadmi Party (AAP) leader’s counsel had orally requested the court to allow Jain to surrender in a week’s time. The requested was rejected.

Jain returns to Tihar jail

Following the court’s direction, Jain surrendered at Delhi’s Tihar jail late on Monday evening. The ED had arrested Jain on May 30, 2022, on the charge of laundering money through four companies allegedly linked to him. It had arrested Jain on the basis of a CBI FIR registered against him in 2017 under the Prevention of Corruption Act.

The bench said, “... there remains no shadow of doubt that the appellant — Satyendar Kumar Jain — had conceptualised the idea of accommodation entries against cash and was responsible for the accommodation entries totalling to Rs 4.81 crores (approx) received through Kolkata-based entry operators” in the bank accounts of the four companies by paying cash.

These companies are “M/s. Akinchan Developers Pvt. Ltd., M/s. Paryas Infosolution Pvt. Ltd., M/s. Indo Metalimpex Pvt. Ltd. and M/s. Mangalayatan Projects Pvt. Ltd.” and “the said companies were controlled and owned by him and his family”, it said.

What statements indicate

The court said it has also been found that appellants Ankush Jain and Vaibhav Jain — both associates of the AAP leader — had helped him by making false declarations under the Income Disclosure Scheme (IDS). Each of them had declared alleged undisclosed income of Rs 8.26 crore to protect Jain, the court observed.

The court added that the statements of witnesses clearly indicated that Jain was the “conceptualiser, initiator, fund provider and supervisor for the entire operation to procure the accommodation, share capital/premium entries”.

The top court said Vaibhav and Ankush have also committed the offence of money laundering as defined under Section 3 of the Prevention of Money Laundering Act (PMLA) by being actually involved in and knowingly assisting Jain in projecting his proceeds of crime to the tune of Rs 4.81 crore (approx) as untainted in the mode and manner stated in the prosecution complaint.

Prima facie guilty

The top court said the April 6, 2023, order of Delhi High Court, which had prima facie found the appellants guilty of the alleged offences under the PMLA, does not suffer from any illegality or infirmity. It said all the three accused were released on bail for a temporary period after their arrest and Jain was released on bail on medical grounds.

“He shall now surrender forthwith before the Special Court,” it directed.

On January 17, the top court had reserved its verdict on Jain and his associates’ regular bail plea. It had granted interim bail to him on May 26 last year on medical grounds and it was extended from time to time.

Jain, who has denied these allegations, was granted regular bail by a trial court on September 6, 2019, in the case registered by the CBI. He had moved the apex court challenging the high court’s April 6, 2023, order of dismissing his regular bail application in the case.

Hero for Delhiites: AAP

Delhi Chief Minister Arvind Kejriwal on Monday hailed him as a hero for Delhiites, hours after the Supreme Court’s order.

The AAP said it “respectfully disagrees” with the top court’s decision but asserted, “We have full faith in our justice system and are sure that eventually justice will be done.”

“His health has been very precarious and he has undergone major spine surgeries from which he still has to recover. He is still suffering from severe pain, numbness, tenderness and imbalance. As per the last diagnosis, the degree of pain suffered by him is seven out 10,” the party said in a statement.

Due to the imbalance occurring from underlying medical conditions, he also suffered a fall and a fracture, it added.

“Utterly shameful”

In a post on X, Kejriwal said, “He (Jain) is a hero for all Dilliwallas. He made arrangements for providing 24x7 electricity, free electricity, good government hospitals and mohalla clinics. Feel extremely sad for him and his family. God bless him.” Jain held the power and the health portfolios in the Kejriwal government. He tendered his resignation from the Cabinet in February last year.

The AAP said it is “utterly shameful” that the “ED-CBI, on the directions of the BJP, have put Jain in jail for almost two years in a completely fake and fabricated case”.

“The entire case against Jain is based on statements of some hawala operators who layered some money to buy shareholding in three companies in which his wife had negligible shareholding,” the AAP said.

“The hawala operators have provided no proof of Jain’s involvement and he has denied any knowledge of these individuals. Instead of putting those hawala operators behind bars, they have been left scot-free but the ED has arrested Jain. Neither he nor his family received any money whatsoever from these three companies,” it claimed.

Allegations “without substance”

The party also claimed that the ED’s allegations regarding Jain’s control of those companies or involvement in their affairs is “completely without any substance”.

“Jain and his family have no shareholding, directorship and land purchase of these companies. Neither he nor his family were undersigned or authorised signatory in the documents on which the ED has filed this case,” the AAP said.

Jain is undergoing physiotherapy and had requested the court to delay the surrender. He was hospitalised a few months ago and shifted to an intensive care unit after collapsing in the bathroom of Tihar jail, the party said.

The ED arrested the AAP leader on May 30, 2022, on the charge of laundering money through four companies allegedly linked to him. It arrested Jain on the basis of a CBI FIR registered against him in 2017 under the Prevention of Corruption Act.

(With agency inputs)