The petition filed in the apex court 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 Legislative Assembly or Legislative Council of a state if he is of unsound mind and stands so declared by a competent court
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A plea was filed in the Supreme Court on Monday challenging the Delhi High Court order dismissing a petition seeking to declare AAP leader Satyendar Jain, arrested in a money laundering case, a "person with unsound mind" and disqualifying him as an MLA and minister.
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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 filed in the apex court 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 Legislative 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 minister (sic) in Delhi Government, Satyendar Kumar Jain, also the member of Legislative Assembly from Shakur Basti Assembly constituency since 2015 himself declared that he lost his memory, before the officers of Enforcement Directorate and the same has also been informed to the Special Judge, Rouse Avenue District Court, New Delhi by the Additional Solicitor General," said the plea filed by Delhi resident Ashish Kumar Srivastava.
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The petition, drawn by advocate Rudra Vikram Singh, said "unfortunately" Jain is still continuing as a cabinet minister and enjoying the post of MLA of the Delhi Assembly.
It claimed that 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 does not remember many things like his signature.
"It is submitted that all this statement is there in bail rejection order dated June 18, 2022 passed by the Special Judge, Rouse Avenue Court," said the plea, filed by advocate Nirmal Kumar Ambastha.
The plea claimed the high court had dismissed the petition without passing a speaking order and discussing the merits of the case.
It said continuing with a person of unsound mind as an MLA will amount to "cheating" Delhi's voters who had elected a man with a sound mind.
"Hence, it is humbly submitted that this court may be pleased to declare Satyendar Jain a person with unsound mind and subsequently disqualify him for being Member of Legislative Assembly/Cabinet Minister in Govt of NCT of Delhi," it said.
As an interim relief, the plea has sought an order to constitute a medical board to analyse the mental condition of Jain.
The high court had earlier dismissed a separate plea to suspend Jain from the Cabinet following his arrest in the money laundering case, saying it is for the chief minister to consider whether a person with a criminal background should be allowed to continue as a minister or not.
Jain was arrested on May 30 by the ED under the provisions of the Prevention of Money Laundering Act (PMLA) and is lodged in judicial custody.
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