Delhi minister Satyendar Jain should not be subjected to any action, coercive or otherwise, by the authorities under the amended Benami law, the Delhi High Court said on Tuesday.
The decision was made after Justice Yashwant Varma heard a number of arguments from the legislator for the Aam Aadmi Party (AAP) and others opposing the proceedings under the 2016 Benami Transactions (Prohibition) Amendment Act.
The matter relates to a complaint made against Jain to the Lokayukta in 2017 asking for an investigation into the Delhi minister’s alleged benaami transactions.
Amit Anand Tiwari, appearing for Jain, said that the Benami proceedings against the AAP leader were in the nature of “political persecution”.
Jain had petitioned in 2017 to stop legal action being taken against him under the new Benami law.
According to Jain, the alleged Benami transactions, from the proceeds of which certain attached assets were claimed to have been purchased, took place between 2011 to March 31, 2016, and hence, the amendment which came into effect in November 2016 would not apply.
The high court’s decision followed the Supreme Court’s ruling from last month that the Benami Transactions (Prohibition) Amendment Act, 2016, did not apply retroactively and that the government could not begin or continue criminal prosecution or confiscation proceedings for transactions made before the law took effect.
Counsel for the income tax department, advocate Zoheb Hossain, told the court that “nothing is happening” and prayed for accommodation on account of the Solicitor General not being available.
On October 10, the matter would be heard again.
