Can’t declare Satyendra Jain ‘person of unsound mind’, says Delhi HC
The Delhi High Court has said that in exercise of its jurisdiction under Article 226, it cannot declare Delhi minister and AAP MLA Satyendar Kumar Jain – who is in judicial custody in a money laundering case since – as “a person with unsound mind” or disqualify him from the assembly. The HC order was made public on Saturday.
The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that Jain is facing prosecution for various offences under the IPC, Prevention of Corruption Act and the Prevention of Money Laundering Act (PMLA).
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Code of Criminal Procedure
“However, the fact remains that the Code of Criminal Procedure, 1973, is a complete code in itself which provides a mechanism in respect of investigation, inquiry and trial. The Code of Criminal Procedure caters to all contingencies and it is for the prosecution/ court to take appropriate steps in accordance with the law,” said the court in its order dated August 16.
The court had on August 16 heard the petition stating that Jain, who has been in custody since May 30, had told the ED officers during questioning that he lost his memory on account of Covid-19. “We will pass appropriate orders,” the court had said then while reserving its order. The petition has now been dismissed.
Petitioner cites media reports
The petitioner Ashish Kumar Srivastava, who said he is a social worker, had also prayed for setting up a medical board to analyse Jain’s medical condition and for declaring all the decisions he took since suffering from Covid as null and void.
Citing Article 191(1)(b) and stating that the provision provides for disqualification of a state lawmaker who is of unsound mind, the petition further said that the news of Jain “losing the memory” has been covered by all the media sources and his continuing “with so many important portfolios of the government is cheating with the voters of Delhi”.
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On another petition seeking suspension of Jain from the state cabinet, the bench headed by Chief Justice last month had said that it is for the chief minister to act in the best interest of the state and consider whether a person who has been charged with offences involving moral turpitude should be allowed to continue as a minister.