New Delhi: Union Ministry of Home Affairs (MHA) has requested the President’s approval to prosecute former Delhi Minister Satyendra Kumar Jain under Section 218 of Bharatiya Nagrik Suraksha Sanhita, 2023, sources said.
According to sources, the request was made based on evidence gathered by the Enforcement Directorate (ED). The agency’s findings reportedly provide sufficient grounds for legal proceedings against Jain.
“Ministry of Home Affairs has requested the President to grant prosecution sanction for initiating legal proceedings against Satyendra Kumar Jain, former minister of the Delhi government, under Section 218 of the Bharatiya Nagrik Suraksha Sanhita, 2023. Based on the material received from the Enforcement Directorate, sufficient evidence has been found to prosecute Satyendra Kumar Jain in this case. Therefore, a request has been made for prosecution sanction to proceed with the case in court,” sources said.
The prosecution sanction, if granted, will pave the way for the case to proceed in court. Jain, a former minister in the Delhi government, has been under scrutiny over alleged financial irregularities and other charges. This development marks another significant step in the ongoing legal proceedings against the former minister. Further updates are awaited on the President’s decision regarding the prosecution sanction.
Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the protocol for prosecuting judges and public servants for offenses committed during their official duties. It mandates that no court shall take cognizance of such offenses without prior sanction from the appropriate government authority. This provision aims to protect officials from frivolous or malicious prosecutions, ensuring they can perform their duties without undue interference.
The section applies to individuals who are or were judges, magistrates, or public servants not removable from their office without government sanction. It covers offenses alleged to have been committed while acting or purporting to act in the discharge of official duties. Courts cannot take cognizance of such offenses without prior sanction from the relevant government authority, except as provided in the Lokpal and Lokayuktas Act, 2013.
Jain has been under investigation by the ED in connection with a money laundering case that dates back to 2017. The case centers on allegations that Jain, during his tenure as a minister, was involved in laundering money through a network of shell companies.
In August 2017, the Central Bureau of Investigation (CBI) registered an FIR against Jain under the Prevention of Corruption Act, accusing him of acquiring assets disproportionate to his known sources of income. Following this, the ED initiated a probe under the Prevention of Money Laundering Act (PMLA), alleging that Jain had laundered money through various shell companies.
On May 30, 2022, the ED arrested Jain based on evidence suggesting his involvement in money laundering activities. He was accused of routing illicit funds through shell companies and layering them to obscure their origins. Jain remained in custody for approximately 18 months. In October 2024, a Delhi court granted him bail, citing prolonged incarceration and delays in the trial process.
As of January 2025, the ED has urged a Delhi court to frame charges against Jain, asserting that there is sufficient evidence to proceed with the trial. The court has scheduled further hearings to deliberate on the framing of charges.
The ED alleges that Jain, in collusion with associates, facilitated the transfer of unaccounted money through a complex web of shell companies. These funds were purportedly used to acquire assets and properties, thereby integrating illicit money into the financial system. (With inputs from ANI)
