NEW DELHI: A Delhi court on Friday allowed Aam Aadmi Party (AAP) leader Satyendar Jain's plea to inspect the "unrelied upon documents and material" in a money laundering case, in which he was arrested by the Enforcement Directorate (ED).
Special Judge Vikas Dhull at Rouse Avenue Court noted that the accused can form an opinion about the relevance of those documents for his defence, only if he is allowed to inspect them.
The court ordered that Jain's counsel inspect in the next 15 days after giving prior intimation to the investigating officer.
"..to ensure fair and free trial to accused, the application filed by accused is allowed and he is permitted to inspect the unrelied upon documents and material, a list of which has been supplied to him earlier, by the ED," the court said in the order.
The AAP leader who was arrested by the central agency for alleged corruption and money laundering had earlier submitted before the court that the right of inspection of unrelied upon material gives a very valuable right to accused to bring to the notice of the court any such document, which is vital for the defence of accused.
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He told the court that unless and until, the accused inspects the unrelied upon documents, he cannot apprise this court regarding the relevancy of documents for his defence and such inspection secures to accused his right to free and fair trial. This right has been recognized in various cases including the INX media case, it was apprised.
On the other hand, ED opposed the plea, saying the accused intends to delay the trial and his plea deserves to be dismissed.
After the submissions, the court said: "..Only upon inspection, accused will be able to form a view whether the unrelied upon documents and material is relevant for his defence and its desirability for production at the stage of trial. From a simple list, the accused will not be able to discern the relevancy of a document or material for his defence. Therefore, to ensure free and fair trial, the accused ought to be granted the right of inspection of unrelied upon documents and material."
