Satyendar Jain, Five Others in Court as Delhi Tender Case Proceeds

A Delhi court on Wednesday sent former Water Minister and senior Aam Aadmi Party (AAP) leader Satyendar Jain, former Delhi Jal Board (DJB) CEO Udit Prakash Rai, and three others to 14-day judicial custody in connection with an alleged corruption case related to the award of tenders for sewage treatment plant (STP) projects.

Special Judge Dig Vinay Singh also granted the Delhi Anti Corruption Branch (ACB) two days' police custody of Ankit Srivastava, a former contractual consultant with the DJB. The court additionally sought the ACB's response to a bail application filed by Mr. Jain through his counsel.

The six individuals were arrested on Tuesday by the ACB. Besides Mr. Jain, Mr. Rai, and Mr. Srivastava, the accused are Nagendra Yadav, proprietor of AN Enterprises; Raja Kumar Kurra, owner of Euroteck Environment Pvt. Ltd.; and Pankaj Verma, proprietor of Srijanhar.

During Wednesday's hearing, Mr. Jain's counsel questioned the circumstances leading to his arrest, pointing out that the First Information Report (FIR) was registered on May 10, 2024. The lawyer submitted that Mr. Jain was first called for questioning on August 5 this year and was contacted by phone on Tuesday before being arrested. The counsel argued that the agency had not placed any material on record warranting the arrest.

Mr. Rai's lawyer also challenged the arrest, drawing the court's attention to the fact that the former DJB CEO is currently serving as Secretary in the Mizoram government. Counsel representing the other accused also contested the legality and grounds of their arrests.

The case was registered on May 10, 2024, under Sections 7, 7A, 9, and 13 of the Prevention of Corruption Act, 1988, and Sections 420, 409, 418, and 120-B of the Indian Penal Code. The FIR followed a complaint by the Delhi government's Directorate of Vigilance regarding alleged irregularities in and manipulation of the tendering process for the augmentation and upgradation of STPs in the national capital.

The allegations include manipulation of tender conditions and a criminal conspiracy resulting in large-scale irregularities. Judicial custody means the accused will remain in jail while the investigation continues, whereas police custody permits the investigating agency to question the accused in its custody.

The arrests triggered fresh political confrontation between AAP and the Bharatiya Janata Party (BJP) on Wednesday, with leaders of the two parties trading allegations. AAP national convener and former Delhi Chief Minister Arvind Kejriwal said on social media that Union Home Minister Amit Shah pressured the investigating agency to arrest Mr. Jain. He claimed an ACB officer had said until the morning there was no plan to arrest Mr. Jain, and that Mr. Shah directly ordered the arrest in the afternoon.

Senior AAP leader and Rajya Sabha MP Sanjay Singh said Mr. Jain, who is also the party's co-in-charge of Punjab, was arrested by the BJP "out of frustration" as the party was facing a "crushing defeat" in the state assembly election next year.

Countering these allegations, Delhi BJP president Harsh Malhotra said AAP was a politically desperate party "completely immersed in corruption." He alleged that the accounts of the Delhi Jal Board were not audited for 10 years and that an alleged scam of nearly ₹60,000 crore had taken place. "The day the complete investigation report comes out, Arvind Kejriwal himself may possibly end up in jail," he said.

Delhi Chief Minister Rekha Gupta said her government had ensured the tabling of 19 Comptroller and Auditor General (CAG) reports in the Delhi Assembly during the monsoon session. She said the reports revealed various "scams" allegedly committed by the previous AAP government and that action was being taken on all of them. The development comes against a backdrop of heightened political rivalry in Delhi, where the BJP currently heads the city government.