Satyender Jain Cites Jail Custody in Defence Against DJB Tender Charges
Former AAP minister Satyender Jain presented his key defence before the Rouse Avenue court in New Delhi on Wednesday, arguing that he was incarcerated when the Anti-Corruption Branch alleged he approved irregularities in the tendering process of the Delhi Jal Board.
The Anti-Corruption Branch has claimed that the former minister was involved in tweaking tender rules to allow the manipulation of terms and conditions for the Delhi Jal Board. However, Jain maintained that he could not have accessed the department's files during the period in question.
According to Jain's submission, he stood relieved of the water portfolio following his arrest by the Enforcement Directorate on May 30, 2022, in connection with a money laundering case. He argued that being in custody and without charge of the portfolio made it impossible for him to handle or approve Delhi Jal Board files.
The case has brought attention to the rules and security protocols governing elected ministers who remain in office while in judicial custody. Although Jain technically remained a minister following his arrest, he was no longer overseeing the water portfolio or the Delhi Jal Board.
Under prison protocols, undertrial prisoners face strict restrictions regarding government paperwork and day-to-day administrative functions. Legal experts have noted that elected officials in judicial custody cannot freely access administrative files to carry out governance tasks without formal legal clearance.
Former Tihar jail legal adviser Sunil Gupta stated on Wednesday that strict permissions govern such access behind bars. Gupta noted that if an individual is in judicial custody as an undertrial, accessing any official documents beyond direct case-related legal papers requires specific permission from the concerned court.
A deeper probe is expected to examine whether decisions connected to the Delhi Jal Board could have been influenced from behind bars under these custody restrictions.
