The Supreme Court on Wednesday directed a district judge to consider a day after a plea made by Enforcement Directorate to transfer bail application of Delhi minister Satyendar Jain in a money laundering case, to another judge.
Senior advocate Kapil Sibal, representing Jain, mentioned the matter before a three-judge bench presided over by Justice D Y Chandrachud seeking urgent hearing.
The bench, also comprising justices P S Narasimha and Hima Kohli, noted that any accused is entitled to expeditious hearing of bail plea and asked the principal district and sessions judge of the Rouse Avenue court to consider the application for hearing on September 22.
Sibal said that seven hearings have taken place and Additional Solicitor General S V Raju was asked to come on September 15.
However, the ED moved an application to transfer the case. Raju submitted that if the petitioner is aggrieved, then he can move the High Court.
On this, the bench said, “We clarify that any party aggrieved by the decision on transfer petition can seek appropriate remedies available in law”.
The top court also said that the district judge will decide the forum for hearing on the bail plea.
On September 19, Principal District and Sessions Judge Vinay Kumar Gupta stayed the proceedings of the bail hearing before special judge Geetanjali Goel and issued notice to Jain and other co-accused in the case.
The judge sought replies from the respondents in the case – on an application by ED seeking transfer of the case to another judge -- by September 30.
Jain was arrested in the PMLA case on May 30 and is presently lodged in Tihar jail.