The Union Ministry of Home Affairs (MHA) has submitted a request to the President for approval to prosecute former Delhi Minister Satyendra Kumar Jain under Section 218 of the Bharatiya Nagrik Suraksha Sanhita, 2023, sources have confirmed.
This move comes after the Enforcement Directorate (ED) gathered evidence, reportedly sufficient to initiate legal proceedings against Jain. According to sources, the MHA has sought the President’s sanction to proceed with the case in court.
“The Ministry of Home Affairs has requested the President to grant prosecution sanction for initiating legal proceedings against Satyendra Kumar Jain, the former minister of Delhi, under Section 218 of the Bharatiya Nagrik Suraksha Sanhita, 2023. Based on the evidence obtained by the Enforcement Directorate, adequate grounds have been established for prosecuting Jain. The request for prosecution sanction has been made to allow the case to proceed in court,” sources said.
If the President grants the prosecution sanction, it will allow the legal process to continue. Jain, who was a minister in the Delhi government, has been under investigation for alleged financial irregularities and other offenses.
This request represents a significant development in the ongoing legal scrutiny of Jain. Further updates are expected regarding the President’s decision on the prosecution sanction.
Section 218 of the Bharatiya Nagrik Suraksha Sanhita, 2023, lays down the procedure for prosecuting judges and public servants for offenses committed in the course of their official duties. It requires prior sanction from the relevant government authority before any court can take cognizance of such offenses. This provision ensures that officials can perform their duties without fear of malicious prosecutions.
This section applies to judges, magistrates, or public servants whose office cannot be removed without government approval. It covers offenses allegedly committed while acting in an official capacity. However, the Lokpal and Lokayuktas Act, 2013, provides specific exceptions.
Satyendra Jain has been under investigation by the ED since 2017, in connection with a money laundering case. The allegations suggest Jain was involved in laundering money through shell companies during his tenure as a Delhi Minister.
In August 2017, the Central Bureau of Investigation (CBI) registered a case against Jain under the Prevention of Corruption Act, accusing him of acquiring assets beyond his known income sources. Following this, the ED launched its own investigation under the Prevention of Money Laundering Act (PMLA), claiming that Jain laundered money through shell companies.
On May 30, 2022, the ED arrested Jain based on evidence linking him to illicit financial activities. He was accused of channeling unaccounted funds through shell companies, effectively disguising their origins. Jain remained in custody for around 18 months. In October 2024, he was granted bail by a Delhi court, which cited prolonged detention and delays in the trial process as the reason for the decision.
In January 2025, the ED filed a request with a Delhi court to formally frame charges against Jain, arguing that there was sufficient evidence for the case to move forward. A hearing on the framing of charges is scheduled to take place in the coming weeks.
The ED alleges that Jain, along with associates, used a network of shell companies to transfer illicit funds, which were then used to acquire assets and properties, integrating the illegal money into the financial system.
