The decision was made today by Justice Yogesh Khanna, who said that it is more important to take into account the anxieties of the opposing party than the morality or integrity of the judge from whom the case was moved.
Satyendar Jain, a Delhi minister, filed an appeal with the Delhi High Court on Saturday, appealing a lower court’s decision to transfer the judge hearing his bail request in a money laundering case to a different judge. The appeal was denied.
Justice Yogesh Khanna made the choice today, noting that the issues raised by the opposing side did not have anything to do with the judge from whom the case had been transferred’s integrity or moral character (Enforcement Directorate).
The evidence, in the opinion of Justice Khanna, showed that the Enforcement Directorate (ED) not only had a suspicion of prejudice but actually took action on it by coming to the High Court. The suspicion cannot be said to be unfounded or unjustified as a result.
ED requested that judge Geejanjali Goel transfer Jain’s case to judge Vikas Dhull, and Jain filed a plea with the Delhi High Court disputing that request. Vinay Kumar Gupta, the Principal District and Sessions Court for the Rouse Avenue court, made the judgment.
When the ED requested a transfer of the case, citing bias on the part of Special Judge Geetanjali Goel, he was in the last stages of hearing arguments in Jain’s bail application.
The Rouse Avenue Court’s approval of this is what prompted the High Court’s current request.
Attorneys Vivek Jain, Bhawook Chauhan, Vaibhav Yadav, Rishikesh Kumar, Gautam Dhamija, Rajat Gautam, Aditi, Manisha, Devansh Gupta, and S Vali appeared for Jain together with senior attorneys Kapil Sibbal and Rahul Mehra.
Through the assistance of SPP Zoheb Hossain, Additional Solicitor General (ASG) SV Raju, and the attorneys Vivek Gurnani, Anshuman Singh, Ankit Bhatia, Harsh Paul Singh, Kshitiz Aggarwal, Vinayak Sharma, and Sidharth, ED was represented in court.
Other respondents were represented by attorneys Sushil Kumar Gupta, Sunita Gupta, Sushil Kumar, and Ikshvaaku Marwah.
