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The Delhi High Court Monday allowed AAP leader Satyendar Jain’s plea challenging proceedings against him under the Benami Transactions Prohibition Amendment Act 2016. The batch of petitions were listed before a single judge bench of Justice Yashwant Varma, who allowed Jain’s plea along with other connected matters which challenged initiation of proceedings under the amended benami law.
The High Court allowed the petitions in light of an August 23 judgment of the Supreme Court which prohibits retrospective application of the amended law. The judgment prohibited authorities from initiating, continuing any criminal or other proceedings for transactions entered into prior to enactment of the amended law.
The counsel appearing for Jain submitted that they are covered by the Supreme Court’s judgment in Union of India & Anr vs M/s Ganpati Dealcom Pvt Ltd, and hence all retrospective proceedings under the amended law stand quashed.
A retrospective application means that authorities could continue to proceed against the petitioners for actions entered into prior to the passing of the amended law. The apex court in its judgment had struck down several provisions of the Benami Transaction (Prohibition) Act 1988 and the amended 2016 act as unconstitutional for being manifestly arbitrary and violative of Article 20(1) of the Constitution.
Paragraph 18 of the SC judgment reads: “… e) Concerned authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the 2016 Act, viz., 25.10.2016. As a consequence of the above declaration, all such prosecutions or confiscation proceedings shall stand quashed.”
The judgment further held that “in rem forfeiture provision” under Section 5 of the 2016 Act, which allowed the central government to confiscate any property which is subject matter of benami transaction, “being punitive in nature, can only be applied prospectively and not retroactively”. On September 20, the HC had ordered that no coercive action will be taken against Jain under the Benami Transactions Prohibition Amendment Act 2016.
The HC Monday observed that all proceedings against Jain shall “consequently stand closed”.
Following Monday’s court decision, Chief Minister Arvind Kejriwal tweeted: “The court has dismissed the case against Satyendar Jain. They have forcibly put an honest man in jail for so many months. It would have been great if these people put their time in nation building instead of such fake cases.”
Jain is also facing an alleged money laundering case before a trial court, filed by the ED based on a CBI FIR lodged in 2017. The FIR, filed under the Prevention of Corruption Act, accuses him
of having laundered money through four companies allegedly linked to him. Meanwhile, the Supreme Court will Tuesday hear Jain’s plea challenging a Delhi High Court order upholding the transfer of his bail plea in the money laundering case to a different judge from the one who was already hearing it. Senior Advocate Kapil Sibal mentioned it before a bench presided by Chief Justice of India U U Lalit, who agreed to list it before the appropriate bench Tuesday.
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