ED "uncommon species", cannot browbeat judge and seek transfer of case: Jain tells HC

Updated: Sep 28 2022 11:12PM

New Delhi, Sep 28 (PTI) Delhi Minister Satyendar Jain on Wednesday told the Delhi High Court the Enforcement Directorate (ED), which is an "uncommon species ruling the country", cannot be allowed to “brow beat” a judge and seek transfer of a money laundering case on the claim of a "bias" without any basis.

The AAP leader, while assailing a lower court order transferring the money laundering case against him from one special court to another following an application by the ED, said institutions needed to be protected and the judiciary should say such “tactics” are unacceptable.  Senior advocate Kapil Sibal, appearing for Jain, told the high court that not interfering with the ED's conduct will bring anarchy, and asserted that “bias suddenly dawned” on the agency after the special court judge did not agree at that stage to its request for constituting an independent board for Jain's medical examination.

“Your lordship will have to decide whether the (special court) judge is to be protected or the ED is to be protected. It is time for the judiciary to stand up and say these kinds of tactics cannot be accepted. You cannot allege bias against a judge,” the senior lawyer told Justice Yogesh Khanna.