New Delhi, October 14
The high court, in its August 16 order, had said based upon the averments made in the writ petition filed before it and in exercise of jurisdiction under Article 226 of the Constitution, it cannot declare Jain a “person with unsound mind” and disqualify him from being a member of the Legislative Assembly or a Minister in the Delhi Government.
“The petition is so misconceived and such a wastage of judicial time that it necessitates an imposition of costs of Rs 20,000 on the petitioner,” a bench of Justices S K Kaul and A S Oka said. While dismissing the plea, the bench directed that the cost be deposited with the Supreme Court Mediation and Conciliation Project Committee within four weeks.
The petition, filed by a Delhi-resident, said Article 191(1)(b) of the Constitution clearly states that a person shall be disqualified for being chosen as, and for being, a member of the Assembly or Legislative Council of a state if he is of unsound mind and stands so declared by a competent court. “It is further submitted that one of the cabinet ministers in Delhi Government, Satyendar Jain, also the member of Legislative Assembly from Shakur Basti constituency since 2015, himself declared that he lost his memory, before the officers of ED and the same has also been informed to the Special Judge, Rouse Avenue District Court, New Delhi by the Additional Solicitor General,” the plea claimed.
The petition said Jain had moved a bail application before the special judge here, and during the arguments, it was placed on record by the Additional Solicitor General that he has stated before the ED officers that due to severe case of Covid, he did not remember many things like his signature.
