Synopsis
A Delhi court has granted bail to AAP leader Satyendar Jain, citing delays in the trial and his 18-month incarceration. The judge reasoned that constitutional rights under Article 21 take precedence over stringent conditions under the PMLA. Jain must cooperate with investigations and avoid contacting witnesses or traveling abroad without permission.
ANIA Delhi court on Friday granted bail to AAP leader and former Delhi minister Satyendar Jain in a money laundering case, citing “delay in trial” and his “long incarceration”. Jain was arrested by the Enforcement Directorate (ED) on May 30, 2022, on the charge of laundering money through four companies allegedly linked to him.
“Considering the delay in trial and a long incarceration of 18 months, and the fact that the trial will take long to start, let alone conclude, accused is favourably suited for the relief,” held Special Judge Vishal Gogne.
The judge rejected ED’s request to deny bail to Jain, saying that the relief granted under Article 21 (right to life and personal liberty) of Constitution will supersede stringent twin conditions of Section 45 of the Prevention of Money Laundering Act (PMLA), when “liberty is the core value under consideration”.
Under the twin conditions, the accused has to prove in court that he/she is prima facie innocent of the offence and further convince the judge he/she would not commit any offence while on bail.
“The grounds relating to delay and long incarceration are, in effect, constitutional and plenary twin conditions sourced from Article 21 of the Constitution and therefore superior to the twin conditions under
Section 45 PMLA,” held the court.
The court order further stated the constitutional twin conditions necessarily had a mitigating effect on the rigours of the statutory twin conditions under stringent PMLA when liberty was of core value.
The judge, who also issued a release warrant for Jain, granted the relief on a personal bond of Rs 50,000 with one surety of like amount.
Jain, however, was saddled with a slew of riders, which included cooperating with the investigation and not trying to interfere with the probe. He was directed to appear before the investigating officer and the court whenever required.
“Accused will not contact any witnesses, and will not travel outside India without the court’s prior permission,” the court ordered.
The moment judge pronounced the order, Jain’s wife Poonam and daughter Shreya, who were present in the courtroom, broke down.
Shreya spoke to mediapersons later and said Diwali had arrived early for the family.
“We always knew this would happen and it was only a matter of time. We are happy that the court gave us justice. Diwali is approaching and we think it has come early for us this year, and we are happy and enthusiastic for him,” she told the court.
Poonam shared that she had kept her hopes alive. “It was a tough time for us, but I always had faith because he has never done any wrong in his life. We have waited for very long,” she said.
The ED case stems from an FIR lodged against Jain by the CBI in 2017 under the Prevention of Corruption Act.
