New Delhi [India]: The Delhi High Court on Monday granted relief by allowing Delhi minister Satyendar Jain’s plea challenging proceedings against him under the Benami Transaction (Prohibition) Amendment Act 2016. The High court has closed all the proceedings against him under the Act.
Justice Yashwant Varma granted relief to Jain noting the Supreme Court ruling that the application of the law cannot be retrospective. The court said that in the wake of the Supreme Court ruling, proceedings against Jain and other petitioners should also be quashed.
“Accordingly, in view of the law as declared by the SC, instant writ petitions are allowed. All impugned proceedings under the enactment shall stand closed, the court said in an oral order.
The order came while hearing the petitions related to alleged Benami transactions. Earlier, the court had directed the authorities not to take coercive action against Jain.
Jain is in judicial custody in a money laundering case. He was arrested on May 30.
The apex court in August had said that the provision of 2016 Amendment Act can not be invoked to initiate or continue criminal proceedings or confiscation proceedings in the matter alleged to have been entered prior to this amendment.
Delhi Minister Satyender Jain had filed the petition in 2017 and said that these alleged transactions took place much prior to the amendment of 2016.
The alleged transaction took place between 2011 to March 2016 and therefore the amendment which came into effect in November 2016 would not apply.