The Delhi High Court has dismissed a public interest litigation (PIL) which sought declaring Delhi Health Minister Satyendar Jain as person of ‘unsound mind’. Along with this, the petitioner also sought his disqualification from the Delhi Assembly.
The petition was filed by one Ashish Srivastava of All India Professional Congress. He sought formation of medical board to assess Jain’s mental condition and sought direction that the Delhi government declares all decisions taken by Jain after having infected with COVID-19 as null and void.
Srivastava, in his petition, referred to Article 191 (1)b of Constitution of India and argued that a person would be disqualified from being member of legislative assembly or assembly if he/she is declared by court of being of unsound mind. The petition said that even though Jain himself allegedly told the Enforcement Directorate that he has lost his memory, Jain continues to hold his post in the Delhi cabinet.
On May 30, the ED arrested Satyendar Jain under the provisions of the Prevention of Money Laundering Act. Satyendar Jain was charged with money laundering in August 2017 by the Central Bureau of Investigation (CBI). Based on the FIR made by the Central Bureau of Investigation (CBI), the ED initiated a criminal case against the AAP leader, alleging that Jain could not explain the source of income received by four firms in which he was a stakeholder. From 2010 to 2014, the firms allegedly laundered Rs 16.39 crores in cash.
However, the Delhi High Court dismissed the petition saying that the Court cannot declare Jain as person of unsound mind and cannot disqualify him as member of legislative assembly or as minister in the government of NCT. The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, in the judgment, noted that Jain is facing prosecution for various offences under the Indian Penal Code (IPC), Prevention of Corruption Act and the Prevention of Money Laundering Act (PMLA).
The Bench, in its order dated August 16, noted that the CrPC itself is a complete code in itself which provides mechanism with respect to investigation, inquiry and trial and caters to all contingencies.
