The order was passed by Justice Yashwant Varma while hearing a batch of petitions by Jain and several others against the initiation of proceedings under the Benami Transactions (Prohibition) Amendment Act, 2016 against them
Delhi Minister Satyendar Jain. File Pic
The Delhi High Court on Monday said that no action, coercive or otherwise, shall be taken by the authorities against Delhi Minister Satyendar Jain under the amended Benami law.
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The order was passed by Justice Yashwant Varma while hearing a batch of petitions by Jain and several others against the initiation of proceedings under the Benami Transactions (Prohibition) Amendment Act, 2016 against them.
The judge noted that the respondents were seeking an adjournment and the revenue authority has, in another case, already made a statement that while it takes recourse to the legal remedies against a Supreme Court decision on the Benami law, there would be no action against that petitioner party.
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.
He sought time to go through the individual facts of each petition before addressing submissions in light of the Supreme Court judgment.
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"The Court also takes note of the statement made by Mr. (Zoheb) Hossain and which stands duly recorded in ... (another case). In view of the aforesaid and since an adjournment is being sought on behalf of the respondent, the Court provides that no action, coercive or otherwise, shall be taken against the petitioners here under the Benami Transactions (Prohibition) Amendment Act, 2016," said the judge.
Last month, the apex court held that Benami Transactions (Prohibition) Amendment Act, 2016 did not have retrospective application and the authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the legislation.
Advocate Amit Anand Tiwari, appearing for Jain, said that the Benami proceedings against the AAP leader were in the nature of "political persecution".
Jain had filed the petition in 2017 against the proceedings initiated 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.
He had earlier prayed for a stay on the proceedings before the adjudicating authority on the grounds that the Initiating Officer's order to provisionally attach the assets allegedly belonging to him was passed without allowing him to cross-examine witnesses.
His counsel had told the court that he was not given any opportunity of cross-examination of witnesses, whose statements have been blindly relied upon to arrive at the findings.
He had thus sought that either the proceedings under the Benami Transactions (Prohibition) Act be stayed or the adjudicating authority be directed not to pass a final order till his petition in the high court is finally decided.
The matter would be heard next on October 10.
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