MHA seeks President’s approval to prosecute former Delhi minister Satyendar Jain

NEW DELHI: The ministry of home affairs (

MHA

) on Friday sought the President of India’s approval to prosecute former Delhi minister and AAP leader Satyendar Jain under Section 218 of the

Bharatiya Nyaya Suraksha Sanhita

(BNS), 2023, officials said.
According to PTI sources, the request is based on evidence provided by the Enforcement Directorate (ED), which has found sufficient grounds for prosecution in the case.
Officials said, “On the basis of the material received from the Enforcement Directorate, sufficient evidence has been found to grant the sanction.”
The MHA’s move comes after reviewing findings from the ED’s investigation into alleged financial irregularities linked to Jain. The final decision now rests with the President.

The ED’s case against Jain stems from a 2017 FIR filed by the Central Bureau of Investigation (CBI) under Section 13(2) (criminal misconduct by a public servant) read with Section 13(e) (disproportionate assets) of the Prevention of Corruption Act, 1988.
The agency alleged that Jain, with the help of his family members and associates, amassed disproportionate assets between February 14, 2015, and May 31, 2017, while serving as a minister in the Delhi government. The ED further claimed that several companies owned and controlled by Jain received accommodation entries amounting to ₹4.8 crore from shell companies in exchange for cash routed through Kolkata-based hawala operators.
Two other accused, Vaibhav Jain and Ankush Jain, were said to be major shareholders and directors in three of these companies. The Delhi high court had recently dismissed their default bail pleas on October 1.
The court highlighted the importance of individual liberty, particularly in cases governed by stringent laws such as the Prevention of Money Laundering Act (PMLA). It relied on the Supreme Court’s judgment in the Manish Sisodia case, which underscored the fundamental right to a speedy trial.
Jain’s counsel, senior advocate N Hariharan and advocate Vivek Jain, argued that he had spent 18 months in custody, while former Delhi deputy CM Manish Sisodia, arrested in the alleged excise policy scam, had spent 17 months before being granted bail. They pointed out that the case involves 108 witnesses and over 5,000 pages of documents, making the trial a lengthy process.
Opposing the bail plea, the ED contended that Jain could influence witnesses if released. However, the court imposed strict conditions, barring him from travelling outside India without permission, contacting witnesses, or influencing the trial in any way.
Jain’s legal team also cited previous judgments in interim PMLA cases where bail had been granted despite stringent conditions. They noted that almost all accused in the Delhi excise policy case, which allegedly involves hundreds of crores, have been granted bail.