Defence flags 27-month delay in arrest as court sends Jain, 4 others to judicial custody
The court, however, rejected Jain’s plea challenging his arrest and sent him and the other accused to two weeks of judicial custody a day after they were arrested by the Anti-Corruption Branch (ACB) in a multi-crore sewage treatment plant (STP) tender fraud.
The others sent to judicial custody are Nagendra Yadav, proprietor of AN Enterprises; Raj Kumar Kurra, owner of Euroteck Environment Private Limited (EEPL) and Pankaj Verma, proprietor of Srijanhar.
The 27-month delay between the registration of the FIR and the arrest of former Delhi minister and AAP leader Satyendar Jain and four others came under sharp focus in court on Wednesday, with the defence arguing that the accused had joined the investigation whenever called. The court, however, said their earlier cooperation did not prevent the investigating officer (IO) from arresting them later, and that the investigating agency’s decision to arrest could not be “lightly brushed aside”.
The court, however, rejected Jain’s plea challenging his arrest and sent him and the other accused to two weeks of judicial custody a day after they were arrested by the Anti-Corruption Branch (ACB) in a multi-crore sewage treatment plant (STP) tender fraud. It also granted the ACB two-day police custody of former Delhi Jal Board (DJB) contractual consultant Ankit Shrivastava.
“Even though the accused persons may have joined investigation at earlier instances whenever called by the investigating agency, but merely on that ground today it cannot be claimed that the IO could not have arrested the accused when they lastly appeared before him. The subjective satisfaction of the investigating agency as to the arrest of an accused cannot be lightly brushed aside,” Special Judge Dig Vinay Singh of the Rouse Avenue Court said.
Story continues below this ad
Dismissing Jain’s application that his arrest was illegal, the court said, “Suffice it to note here that having gone through the police file, the contentions raised by both the sides, it cannot be claimed at this stage, prima facie, that the arrest is illegal or unjustified.”
The others sent to judicial custody are Nagendra Yadav, proprietor of AN Enterprises; Raj Kumar Kurra, owner of Euroteck Environment Private Limited (EEPL) and Pankaj Verma, proprietor of Srijanhar.
The court issued notice on the bail applications filed by Jain and the others and listed the matter for hearing on August 25.
During the hearing, the defence flagged the delay in arrest.
Story continues below this ad
“May 10, 2024, is the FIR date. The arrest has happened 27 months later. In the entire period, I have been called just once for questioning… this arrest was not justified and it is completely illegal,” senior advocate N Hariharan said on behalf of Jain.
Senior advocate Maninder Singh, representing Yadav, added, “A premier investigating agency like ACB decides to arrest someone who is not arrested by the ED when a chargesheet was filed by them. This is a mockery. You assure people you’re doing investigation and then you arrest them by evening. Grounds of arrest are a sham. I joined investigation when called via notices. They haven’t mentioned the reason in the entire grounds of arrest. Law can’t work on whims and fancies.”
Advocate Rajat Bharadwaj, appearing for Shrivastava, argued that the accused had complied with notices issued under Section 41A of the CrPC, but the grounds of arrest did not disclose this.
“…There’s a clear cut case of suppression and intentional concealment. In grounds of arrest, it is not disclosed that a 41A notice was issued. The grounds should say, “after August 5, this is why we’ve arrested the accused’,” he said.
Story continues below this ad
The ACB, represented by Public Prosecutor Manish Rawat, alleged that Jain had orchestrated a multi-crore scam by manipulating tender conditions for the upgradation of five STPs in 2022.
According to ACB’s remand papers submitted before the court on Wednesday, Jain, in collusion with former DJB CEO Udit Prakash Rai, allegedly enforced restrictive technical specifications – including un-piloted Integrated Fixed-Film Activated Sludge (IFAS) technology and strict oxygen transfer efficiency requirements – while deliberately omitting mandatory environmental safeguards prescribed by the CPCB.
On the agency seeking police custody of Shrivastava, the court said, “His police custody is indeed necessary for fair investigation, for recovery of his mobile phone which would be a crucial piece of evidence; his custodial interrogation is also necessary to unearth the other aspects of the conspiracy…”.
A defence counsel, meanwhile, pointed out that an STP using similar technology had been installed in Surat and had become a model for the rest of the country. “IFAS technology was introduced pursuant to directions of the Supreme Court and the National Company Law Tribunal,” the counsel added.
Story continues below this ad
“Their case is that because you restricted it to this technology… therefore the cartelisation and therefore the corruption,” Bharadwaj said.
Following Jain’s arrest on Tuesday, months ahead of Punjab elections, the AAP called the development an attempt to derail its re-election bid. Jain was appointed the AAP’s Punjab co-in-charge in March 2025.
Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023.
Professional Background
Education: Nirbhay is an economics graduate from Delhi University.
Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories.
Specializations: He has a specific interest in data stories related to courts.
Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials.
Recent notable articles
In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories.
1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.
2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation.
3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police.
Signature Style
Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public.
X (Twitter): @Nirbhaya99 ... Read More
