Application of Delhi's ex-Health minister Satyendar Jain seeking transfer of his case dismissed

While dismissing the application of Jain, Principal District & Sessions Judge-cum-Special Judge (CBI), Rouse Avenue District Court, New Delhi, Anju Bajaj-Chandna, said, "The power to transfer, withdraw or assignment of the matters is discretionary, but discretion must be exercised judiciously and on well founded reasons.

"When a matter is transferred from one court to another, on the basis of apprehension of bias, it has larger repercussions... Therefore, the transfer cannot be allowed on flimsy grounds as also law is well settled in this regard."

The court observed, "The strong observations made by a Judge cannot itself be the basis to conclude that the Judge is not holding the trial in a fair and impartial manner.

"A Judge is supposed to conduct the proceedings without fear and favour. During the course of proceedings, some orders may favour prosecution and some may favour defence, but such orders cannot be made the basis of attributing bias to the Judge concerned."

Jain had moved an application under section 408 of Criminal Procedure Code (CrPC) by seeking transfer of two cases registered against him by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to another judge.

The two cases are pending for hearing before the court of Vikas Dhull, Special Judge, CBI.

CBI has registered a First Information Report (FIR) for alleged disproportionate assets against Jain in 2017.

On the basis of CBI’s FIR, ED also registered an ECIR (Enforcement Case Information Report) against him and accused him of having laundered money through four companies allegedly linked to him and where he was holding shares while amassing disproportionate income.

CBI has registered FIR on 24 August 2017 under section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act and section 109 of Indian Penal Code against Jain, his wife and four other accused persons.

CBI has alleged that the applicant has acquired assets disproportionate to his known sources of income during the period of 14 February 2015 to 31 May 2017.

On 30 August 2017, ED registered ECIR under the provisions of Prevention of Money Laundering Act.

The charge-sheet in the CBI case was filed on 3 December 2018. Taking cognisance of the same, the court summoned the accused on 3 April 2019 and granted regular bail to the applicant (Jain) on 6 July 2019.

Subsequently, on 30 May 2022, Jain was arrested by ED and then sent to judicial custody.

In this case, Jain filed the first regular bail application on 13 June 2022, which was dismissed on 18 June 2022.

Jain filed a second bail application on 17 August 2022.

During the course of arguments on the bail application, ED filed application for transfer of the matter on 19 September 2022 and on 22 September 2022, the court allowed the said application and consequently, the matter was transferred from the court of Ms Geetanjali Goel, Special Judge, CBI, to the court of Vikas Dhull, Special Judge, CBI Rouse Avenue Court, New Delhi.

On 17 November 2022, Special Judge Vikas Dhull dismissed the bail application of the applicant (Jain).

Special Public Prosecutor N K Matta denied each and every allegation and averments in the application of Jain.

According to the CBI, rules of natural justice are being followed and proper hearing is being given to the applicant as well as to the CBI. The apprehension of the applicant Jain is baseless.

CBI has also filed a reply to the application of Jain, stating that the applicant is an influential person and has adopted tactics to delay the proceedings.