After nearly two years in jail in connection with a money laundering case, senior Aam Aadmi Party (AAP) leader and former Delhi Minister Satyendar Jain was granted bail by a court here on Friday. Relying on the Supreme Court's judgement in the Manish Sisodia case, which set a precedent regarding the right to a speedy trial, Special Judge Vishal Gogne of the Rouse Avenue Courts said Mr. Jain remained in jail for a long time even when the trial in the matter was yet to begin, let alone conclude.
"Considering the delay in trial and long incarceration, and that trial will take long to start, let alone conclude, accused in favourably suited for relief," the court said while granting relief on submission of a bail bond of Rs. 50,000 with two sureties of like amount.
Speaking to presspersons while coming out of the courtroom Mr. Jain said "Satyamev Jayate (Truth alone triumphs)". Mr Jain was arrested by the ED in May 2022. The agency had accused him of laundering proceeds of crime worth Rs. 4.8 crore through four companies allegedly linked to him. He remained in Tihar Jail since then. The case is based on an FIR filed by the CBI in August 2017 in a disproportionate assets case.
The ED had opposed the bail plea of the senior AAP leader stating that he might influence the witness if released. The agency had also suspected Mr. Jain of being a flight risk. The AAP leader's counsel maintained in the court that no purpose would be served by keeping hi in further custody.
In his first reaction after stepping out of jail, former Health Minister Satyendra Jain attacked the BJP-Led Central government, saying leaders of the AAP were being sent to jail to put an end to the people centric initiatives of party nationalconvener and former Chief Minister Arvind Kejriwal.
"I was arrested as they [BJP led Centre] did not want the Arvidn Kejriwal led government to work. I was following Kejriwal's directions - to build Mohalla Clinic, create more hosspital beds, and clean the Yamuna river. Now that we are all out, we will show the workd what we are capable of", said Mr. Jain.
Chief Minister Atishi, who had gone to Tihar Jail to receive Mr. Jain, along with former Education Minister Manish Sisodia and Rajya sabha member Sanhay Singh, remarked, "Truth has Triumphed". The AAP chief also issued a statement on X hailing the senior party leader's release from prison. "Today justice has been served", he said. Attacking Delhi's ruling party, Delhi BJP president Virendra Sachdeva said, "If bail signified the triumph of truth, why did kejriwal resign as the Delhi CM after getting bail and why has Sisodia not been reinstated as Deputy CM?
He said bail is a norm and not a certificate of innocence.
Fight will go on
Addressing the CM outside Tihar Jail, Mr. Jain said, "Atishiji, you will also have to go to jail, but we will continue to fight against injustice. They want to tarnish Arvind Kejriwal's image to show that he is just like them. But he is not at all like them. Celebrating his party colleague's release, Mr. Sisodia said, "It is a matter of great joy that our hero has returned."Mr. Jain's release from prison will likely provide a fillip to the party's poll campaign ahead of the Delhi Assembly election. He had resigned from the Delhi Cabinet in February last year, nearly eight months after being arrested by the Enforcement Directorate in a money laundering case.
Speaking to the media following the pronouncement of the bail order, Mr. Hain's daughter Shreya said," We always knew this would happen, and it was only a matter of time." She added,"We are happy that the court gave us justice. Deepavali has come early for us this year. We are happy and enthusiastic for him.
Relief under Article 21 supersedes PMLA bail conditions: Court
The relief granted under Article 21 (right to life and personal liberty) of the Constitution pertaining to delay in trial and long incarceration is superior to the twin conditions under Section 45 of the PMLA, said a Delhi court while granting bail to AAP leader and former Health Minister Satyendar Jain on Friday. Mr Jain was in jail for around two years in a money laudering case whose trial is yet to start. Under the twin conditions of the PMLA, the accused has to prove in court that he is prima facie innocent and convince the judge that he would not commit any offence while on bail.
Special Judge Vishal Gogne of the Rouse Avenue Courts came down heavily on the ED, the investigating agency in the case, saying it neither had the right nor the duty to contest the incarceration of detainees by citing Section 45 of the PMLA and the "much-cited bogey of economic offence."
The court said that the arguments advanced by the agency in Mr. Jain's case "fly in the face" of a clear constitutional mandate and explicit assertions of principle governing bail. "The constitutional twin conditions must necessarily have a mitigating effect on the rigours of statutory twin conditions under stringent legislations, including PMLA, when libery is the core value under consideration," the court said.
It added, "Here, the accused has a fundamental right to liberty whereas the prosecution possesses no right, constitutional or statutory, to plead for continued detention." Article 21 applies irrespective of the nature of the crime, the court said. The Special judge reprimanded the ED for continuously opposing the bail pleas filed by the accused. He said that the issue at the hand was related to "the significance of liberty at the hands of labouted arguments by the ED."
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