Supreme Court First Says Satyendar Jain Should Surrender, Later Agrees To Extend Interim Bail Till January 8

Initially, the bench indicated that Jain would be sent back to jail. While agreeing to hear the main bail application in January, Justice Trivedi said at the outset of the hearing, "But he will have to surrender. He is also not cooperating with the trial..."

Jain's lawyers, however, strongly protested against a cancellation of his interim bail, pointing to a fall suffered by the embattled legislator as a result of imbalance caused due to his spinal operation. ASG Raju, on the other hand, argued that the rest prescribed by doctors to treat the fifth metatarsal fracture of his left foot could be offered in jail. He also insisted that the fracture was 'quite common'. Agreeing, Justice Trivedi said, "This can happen to healthy people as well. This is a most common fracture."

In response, Singhvi strongly objected to the law officer's suggestion to direct Jain's immediate surrender. He told the bench -

"The heavens will not fall if this goes to January. Usually, except for extraordinary circumstances, he ought not to be asked to surrender immediately. If he must be sent back, after having suffered one year in jail and being on medical bail till recently, then so be it. This is vendetta. They want a pound of flesh."

"There's no vendetta. You are doing your duty. It's his duty to see whether the application is genuine," Justice Trivedi said, defending the additional solicitor-general against charges of vendetta. 

The court was also informed that a total of fourteen extensions had been granted to the AAP leader, since his release on interim bail in May this year. "The last extension was on December 11," ASG Raju told the bench. Despite its initial reluctance to extend interim bail, the bench ultimately acceded to Singhvi's request, pronouncing -

"The instant IA has been filed to bring on record subsequent records and documents by the petitioner. Learned senior counsel, Dr Abhishek Manu Singhvi, has submitted that during the course of his release on medical bail, the petitioner suffered a fall on December 9 leading to an injury. According to him, Jain has been diagnosed with a fracture of the fifth metatarsal of the left foot. He has relied upon medical papers of Vardhaman Mahavir Medical College and Safdarjung Hospital, New Delhi and prayed for a continuation of the interim bail for some more days. However, learned Additional Solicitor General SV Raju has submitted that the petitioner has been out on medical bail since May 2023 and for one reason or the other, the same has been extended. He further has submitted that the petitioner and other accused have not been cooperating with the trial court to proceed further with the trial. He has also submitted that new documents have been filed at the last minute without allowing the other side time to verify the same...Without expressing any opinion on the merits of the case, we are inclined to extend the interim order. List on January 8."

After pronouncing the order, Justice Trivedi clarified, "The matter shall be heard peremptorily on that day."

While Jain's interim bail was extended, the court asked co-accused Ankush Jain and Vaibhav Jain to surrender by December 27. Ankush was released on interim bail in September for four weeks on medical grounds, after being informed that his child had to undergo an urgent colon surgery. Vaibhav was released for a period of four weeks as an interim measure in August on grounds of his mother's impending spinal cord operation.

Earlier in the day, Singhvi approached the Chief Justice of India raising an objection to the listing of Jain's petition before the bench of Justice Bela Trivedi, saying that the matter was earlier heard by Justice Bopanna.  The CJI clarified that the matter was assigned to Justice Trivedi since Justice Bopanna was unavailable due to health reasons.

What happened so far in the case?

Jain, a former Cabinet Minister of the Delhi Government, was arrested by the Enforcement Directorate in a money laundering case on May 30, 2022. He remained in custody until a vacation bench of the Supreme Court comprising Justices JK Maheshwari and PS Narasimha granted him interim bail on health grounds on May 26 this year.

In August, the court extended Jain's interim bail for the second time after Singhvi stated that he was undergoing rehabilitation following a complex spinal operation. Despite opposition from Additional Solicitor-General SV Raju, who advocated for an independent examination by AIIMS and a cancellation of interim bail, the bench agreed to defer Jain's surrender. Since then, the case has witnessed a number of adjournments. But during one such hearing that subsequently got adjourned, the additional solicitor-general flagged alleged delay tactics being used by Jain to push back the trial court hearing. In response, the apex court directed him to 'diligently' participate in the ongoing proceedings before the trial court. "It is made clear pendency of proceedings before this court or any reason shall not be used as an excuse or ruse to defer proceedings before trial court, but would diligently take part in proceedings before the trial court and permit the case to progress," the bench ordered.