
A | New Delhi, Oct 10 (UNI) Delhi High Court has passed an order to close all proceedings against Delhi Health Minister Satyendar Jain under the Benami Transaction (Prohibition) Amendment Act as per the judgment of Supreme Court on Benami law.
Justice Yashwant Varma after hearing a number of petitions filed by Jain and others against the initiation of proceedings under the Benami Transactions (Prohibition) Amendment Act, 2016 passed an order that in view of judgment passed by Supreme Court the writ petitions are allowed and the proceedings initiated under the enactment shall consequently closed.
Delhi High Court on last date of hearing passed an order that no coercive action shall be taken against Delhi's Health Minister Satyendar Jain and other petitioners under the Benami Transactions (Prohibition) Amendment Act, 2016.
The Supreme of India has held in a case that Benami Transactions (Prohibition) Amendment Act, 2016 did not have retrospective application and the authorities cannot initiate or continue confiscation proceedings for transactions entered into prior to the coming into force of the legislation.
Counsel for Jain had filed a petition in 2017 against the proceedings initiated against him under the new Benami law by submitting that the Benami proceedings against him were in the nature of political persecution.
Counsel further submitted that 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 so the amendment which came into effect in November 2016 would not apply.
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