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  • Delhi High court dismissed the writ petition of the Delhi minister – Satyendar Jain and observed that he cannot be disqualified from Cabinet and Assembly as a "person with unsound mind".
  • Jain is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.
  • The Aam Aadmi Party lawmaker is facing prosecution for various offences and the Code of Criminal Procedure which deals with investigation, inquiry, and trial caters to all contingencies and it is for the prosecution/court to take appropriate steps in accordance with the law.
  • The 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.
  • The petitioner had demanded the constitution of a medical board to analyse Jain’s mental condition and a direction to the Delhi government to declare all the decisions taken by Jain after he suffered from COVID-19 as null and void.
  • The month before that, another PIL seeking Jain’s removal from the Delhi cabinet on the grounds that he was indicted under serious charges, was dismissed by Delhi high court.
  • A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad deciding this case of Ashish Kumar Srivastava v. Govt. of NCT of Delhi & Ors, concluded that 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.
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