Satyendar Jain Cannot Be Declared Person With Unsound Mind Or Disqualified From Delhi Legislative Assembly Under Writ Jurisdiction: Delhi High Court

The Delhi High Court has dismissed a public interest litigation seeking to declare AAP leader Satyendar Jain as a person of 'unsound mind' thereby seeking his disqualification from the Delhi Legislative Assembly.

Jain is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was of the view that in exercise of writ jurisdiction under Article 226, the Court cannot declare Jain as a person with unsound mind and cannot disqualify him from being a member of the Legislative Assembly or the Minister in the Government of NCT of Delhi.

In an order uploaded yesterday, while noting that cases have been registered against Jain and that he was facing prosecution for various offences under the Indian Penal Code, Prevention of Corruption Act as well as Prevention of Money Laundering Act, the Bench added:

"However, the fact remains that the Code of Criminal Procedure, 1973 is a complete code in itself which provides a mechanism in respect of investigation, inquiry and trial. The Code of Criminal Procedure caters to all contingencies and it is for the prosecution/ court to take appropriate steps in accordance with law."

The Court thus dismissed plea moved by one Ashish Kumar Srivastava, who claimed himself to be a social worker.  

The plea argued that Jain himself declared before the Officers of Enforcement Directorate that he has lost his memory and Additional Solicitor General, SV Raju had conveyed the same to the Trial Court hearing the matter.

The plea further alleged that when Satyendra Jain was confronted with some documents by ED officers, he stated that he did not remember and also denied his Signatures by stating that due to severe case of Covid, he had lost his memory.

"It is respectfully submitted that Mr. Satyendra Jain, the Respondent No. 5 is handling many important portfolios in Govt. of NCT of Delhi and every day he has to take a lot of decisions and had to sign on many documents/ orders, but as he himself declare his memory loss hence anyone can take the advantage of his illness and ultimately the voters of Delhi will suffer," the plea added.

Accordingly, the plea sought Jain's disqualification from being the Member of Legislative Assembly of Delhi and also a direction on Centre to constitute a Medical board to analyse his mental condition.

Furthermore, a direction was also sought on Delhi Government to declare all the decisions taken by Jain as null and void after he suffered from Covid and allegedly lost his memory.

Case Title: Ashish Kumar Srivastava v. Govt. of NCT of Delhi & Ors.

Citation: 2022 LiveLaw (Del) 791

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