Court Petition to Declare Arrested Delhi Minister “Person With Unsound Mind”

Satyendar Jain in ED Custody. Photo: AAP
Satyendar Jain in ED Custody. Photo: AAP

In order to hide his alleged crime, Jain has refused to answer ED queries, saying that he has lost his memory after Covid infection. 

By Rakesh Raman

A Public Interest Litigation (PIL) filed in the Delhi High Court seeks to declare the arrested Delhi Government minister Satyendar Jain a “person with unsound mind,” which means a lunatic, mad, or mentally incapacitated person.

According to an NDTV report of August 10, the petition is listed for hearing before a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad on August 16.

Jain who belongs to the Aam Aadmi Party (AAP) of Delhi chief minister Arvind Kejriwal was arrested in a money laundering case.

The petition urges the court to disqualify Satyendar Jain as minister and MLA because he has himself admitted that he lost his memory before the Enforcement Directorate (ED) and informed the same to the trial court.

The petitioner has asserted that in light of Article 191 (1)(b) of the Constitution of India, an MLA has to be disqualified if he or she is of unsound mind, and therefore, Jain cannot be allowed to hold the positions of a Delhi minister and MLA. 

Meanwhile, on August 6, Jain had withdrawn his interim bail plea filed on medical grounds. Jain who is a minister without portfolio in the Delhi Government was sent to jail on June 13, as India’s financial crimes investigation agency ED is questioning him and his accomplices in a money laundering case.

Jain, 57, was arrested by the ED on May 30 under the criminal sections of the Prevention of Money Laundering Act (PMLA). Reports suggest that ED has quantified the disproportionate assets, besides establishing the alleged trail of money in the case. 

According to reports, in order to hide his alleged crime, Jain has refused to answer ED queries, saying that he has lost his memory after Covid infection. 

Rudolf Hess, an accomplice of Adolf Hitler and leading member of the Nazi Party, repeatedly complained of memory loss to avoid sentence while facing Nuremberg trials in 1946 at the International Military Tribunal for the crimes he had committed. When Hess was allowed to make a statement to the tribunal, he admitted that he had faked memory loss as a tactic. [ Link ]

In a Twitter message, ED said on June 7 that it had conducted searches on June 6, 2022 under PMLA, 2002 (Prevention of Money Laundering Act, 2002) at the premises of Satyendar Jain and others. 

The ED added in its statement that various incriminating documents, digital records, cash amounting to Rs. 2.85 crore and 133 gold coins weighing 1.80 kg in total from unexplained sources have been seized in this case.

By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society. 

He has also launched the “Power Play: Lok Sabha Election 2024 in India” editorial section to cover the news, events, and other developments related to the 2024 election.

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