Satyendar Jain, the former minister of health and urban development in Delhi, has been granted interim bail for six weeks by the Supreme Court. Jain, who is a leader of the Aam Aadmi Party (AAP), was arrested by the Enforcement Directorate (ED) in May last year in connection with a money laundering case.
The allegations against Jain
The ED had accused Jain of allegedly laundering money through shell companies and buying land with illegal funds. The agency had registered a case against him under the Prevention of Money Laundering Act (PMLA) after a CBI FIR in 2017 under the Prevention of Corruption Act. The CBI had alleged that Jain had amassed assets worth Rs 1.47 crore, which were disproportionate to his known sources of income.
Jain had denied the charges and claimed that they were politically motivated. He had also challenged the validity of the PMLA provisions invoked against him. He had argued that he was not a public servant at the time of the alleged offences and that the ED had no jurisdiction to investigate him.
The bail plea and the court’s order
Jain had moved the Supreme Court seeking bail after the Delhi High Court had dismissed his plea in March this year. He had cited his poor health condition and the risk of contracting COVID-19 in jail as grounds for bail. He had also submitted that he had cooperated with the investigation and that there was no likelihood of him fleeing or tampering with evidence.
The Supreme Court’s vacation bench comprising Justices JK Maheshwari and PS Narasimha granted Jain an interim bail for six weeks. The court directed him to furnish a personal bond of Rs 10 lakh and two sureties of the same amount. The court also asked him to surrender his passport and not to leave Delhi without its permission. The court further said that he should not try to influence any witness or interfere with the probe.
The court also noted that it was not expressing any opinion on the merits of the case and that the interim bail was granted only on humanitarian grounds.
The implications of the bail order
The bail order is a relief for Jain, who has been in jail for almost a year. It will also allow him to get proper treatment for his ailments. Jain had reportedly suffered from COVID-19 twice while in custody and had developed complications such as diabetes and hypertension.
However, the bail order does not mean that Jain is out of legal trouble. He still faces serious charges of money laundering and corruption, which could entail a maximum punishment of seven years imprisonment and fine. The ED is likely to continue its investigation and file a charge sheet against him soon. The Supreme Court will also hear his appeal against the High Court’s order dismissing his bail plea on merits.
Jain’s bail order is also likely to have political ramifications in Delhi, where he was a prominent face of the AAP government led by Arvind Kejriwal. Jain had handled key portfolios such as health, urban development, power and home before he resigned in June last year following his arrest. His bail may boost the morale of his party workers and supporters, who have been alleging a witch-hunt by the central agencies against him.
