NEW DELHI: The Union Ministry of Home Affairs (MHA) has moved a request to Rashtrapati Bhavan, seeking the President’s sanction to prosecute former Delhi Minister Satyendra Kumar Jain under Section 218 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, sources said on Friday.
The request is based on evidence gathered by the Enforcement Directorate (ED) in its investigation under the Prevention of Money Laundering Act (PMLA). According to sources, the findings are substantial enough to initiate legal proceedings in a designated court against Jain.
Once the prosecution sanction is granted, the investigating agency will be free to proceed with the case in court, as Jain has been under probe over alleged financial irregularities and other charges.
Section 218 of the BNSS, 2023, mandates that no court shall take cognisance of offenses committed by judges or public servants during their official duties without prior sanction from the competent authority in the government. The provision, which replaces the old CrPC, aims to protect officials from frivolous or malicious prosecutions while 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 office without government sanction. However, an exception is made for provisions under the Lokpal and Lokayuktas Act, 2013.
The ED has been investigating a money laundering case against Jain, alleging that during his tenure as a minister, he laundered illicit funds through a network of shell companies. The case stems from a First Information Report (FIR) filed by the Central Bureau of Investigation (CBI) in August 2017 under the Prevention of Corruption Act. Jain was accused of acquiring assets disproportionate to his known sources of income.
On 30 May 2022, the ED arrested Jain based on evidence suggesting his involvement in money laundering. 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 before a Delhi court granted him bail in October 2024, citing prolonged incarceration and delays in the trial process.
In January 2025, the ED 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.