Court grants bail to AAP’s Jain in Delhi Jal Board scam case
Cites unexplained, extraordinary 27-month delay in arrest
A Delhi court on Thursday granted bail to AAP leader Satyendar Jain in a case involving alleged irregularities in the tendering process for sewage treatment plant projects in the national capital.
Jain was arrested on August 18 along with former Delhi Jal Board (DJB) chief executive officer Udit Prakash Rai and four others.
Special Judge Dig Vinay Singh of the Rouse Avenue Court, in his order, noted that there was an unexplained and extraordinary delay of 27 months between the registration of the first information report (FIR) and Jain’s arrest.
The FIR was lodged on May 11, 2024, while Jain, former Delhi Jal Board CEO Udit Prakash Rai and four others were arrested on August 18 this year. The case is being investigated by the Delhi Government’s Anti-Corruption Branch (ACB).
Special Judge Singh also said the entire case rests on official documentary and electronic evidence. “The notes, files, technical proposals, minutes of meetings and bank transaction statements, etc., have already been seized by the ACB,” he said.
“Thirdly, the primary purpose of pre-trial detention is to secure the accused’s presence at trial and to prevent obstruction of justice. It cannot be permitted to degenerate into an advanced form of punitive punishment prior to conviction,” the Judge said, adding that the decision of the ACB not to seek police custody demonstrated that there was no active requirement for custodial interrogation.
“Continued detention in judicial custody cannot be justified on the generic plea that a conspiracy is yet to be unearthed,” the Judge said.
The order also noted that there were no WhatsApp chats or calls that could presently connect Jain to the alleged kickbacks and hawala transactions with other co-accused persons in the conspiracy.
Senior advocate N Hariharan appeared for Jain, while public prosecutor Manish Rawat appeared for the state.
The case pertains to a tender awarded to M/s Euroteck Environmental Private Limited when Jain was the Delhi water minister.
The ACB had alleged that the tendering process was manipulated through restrictive technical specifications and conditions favouring Euroteck Environment Pvt Ltd, thereby limiting competition and providing undue advantage to the private entity.
It alleged that Jain arbitrarily increased the capacity of the Rohini sewage treatment plant (STP) from 15 million gallons per day (mgd) to 30 mgd without a technical feasibility study, resulting in a cost escalation of around Rs 123 crore.
