A plea has moved in the Delhi High Court to disqualify Aam Aadmi Party (AAP) leader Satyendar Jain from the Assembly and the Cabinet, stating he has become "unsound of mind" and has "memory loss" and is currently under the custody of the Enforcement Directorate (ED) since May 31 in an alleged money laundering case.
"The Delhi Government is clearly violating the Provisions of the Constitution of India under Article 191 (1)(b) which clearly states 'a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of state if he is of unsound mind and stands so declared by a competent court," said the Public Interest Litigation (PIL) moved by petitioner Ashish Kumar Srivastava through Advocate Rudra Vikram Singh.
Jain, whose bail was denied in various hearings since May 31, is currently admitted to a city government-run Lok Nayak Jai Prakash (LNJP) hospital, as he complained of medical issues.
The CBI has accused Jain, his wife and others of offences under the Prevention of Corruption Act. On March 31, the ED provisionally attached immovable properties worth Rs 4.81 crore belonging to companies beneficially owned and controlled by the minister.
On June 6, the ED conducted raids at multiple locations belonging to Jain, his wife and his accomplices, who had either directly or indirectly assisted him or participated in the processes of money laundering. The recovery of Rs 2.85 crore in cash and 133 gold coins weighing 1.80 kg was made during the raid.
Recently, a similar plea seeking suspension of Jain was dismissed by the high court.
It was contended that Jain was arrested over his alleged involvement in hawala transactions in 2015-2016 with a Kolkata-based firm. The arrest is repugnant and inconsistent to the rule of law as he is a public servant having a constitutional oath to uphold the rule of law in the interest of the public, it stated.