New Delhi: Ministry of Home Affairs has sought permission from President Droupadi Murmu to prosecute Aam Aadmi Party leader and former Delhi minister Satyendar Jain in a money laundering case being investigated by the Enforcement Directorate, sources said on Friday.
Sanction has been sought against the 60-year-old politician under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, officials said.
According to sources, the home ministry requested the sanction based on an Enforcement Directorate (ED) investigation, citing the presence of “adequate proof.”
As per the law, if a government official is accused of corruption under Section 215, a written complaint from their senior officer is required for prosecution. However, under Section 218, government approval is necessary before prosecuting any offence committed during the discharge of official duties.
Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides special protection to judges, magistrates, public servants, and members of the armed forces against prosecution for offences committed while performing their official duties.
These provisions ensure that legal proceedings against government officials are not initiated without proper investigation and approval. However, certain cases include time limits and exceptions to prevent delays in the delivery of justice.
What is the case against Satyendar Jain?
The central agency had booked Jain in a money-laundering case linked to alleged hawala transactions and arrested him in May 2022.
Currently out on bail, Jain has been charge-sheeted by the ED. The case originates from an August 2017 FIR filed by the Central Bureau of Investigation (CBI) against him and others, alleging possession of disproportionate assets.
In December 2018, the CBI filed a chargesheet, stating that the assets in question amounted to Rs 1.47 crore—approximately 217 per cent more than Jain’s known sources of income between 2015 and 2017.