A special court in Jaipur on 9 June dismissed a plea by former Rajasthan minister Mahesh Joshi challenging the legality of his arrest in a corruption case linked to the Jal Jeevan Mission scam. The ruling is a significant setback for Joshi, who had sought immediate release on grounds that the Anti-Corruption Bureau (ACB) had failed to follow mandatory legal procedures at the time of his arrest on 7 May.

What the Court Ruled

Special Judge Rajesh Kumar Dadiya, presiding over Prevention of Corruption Act cases, held that the ACB had substantially complied with constitutional safeguards and the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court noted that Joshi's family members had been informed of the arrest through both verbal and electronic communication in a timely manner, rendering the arrest lawful.

Crucially, the judge observed that when the remand application was taken up, Joshi's lawyers were already present and actively argued the matter — demonstrating that the intent of Section 48 of the BNSS, which protects an accused person's right to legal defence, had been fulfilled.

What the Defence Argued

Joshi's counsel contended that neither a written notice stating the grounds of arrest nor an acknowledgment of such notice was provided to his family members or legal counsel before remand was sought. The defence cited the Supreme Court's directions in Vihan Kumar vs. State of Haryana, arguing that this procedural lapse rendered the arrest unlawful and warranted his immediate release.

What the Prosecution Submitted

Special Public Prosecutor Manjula Jain told the court that Additional Superintendent of Police Bhupendra Singh and his team had arrived at Joshi's residence with the arrest order. According to the prosecution, Joshi's son Rohit Joshi, daughter-in-law, and elder sister were present and were informed about the action after officers identified themselves.

The investigation team reportedly allowed Joshi time to complete his morning routine before escorting him to the ACB headquarters for formal arrest. The prosecution submitted that information about the arrest was first conveyed by phone and subsequently via WhatsApp to Rohit Joshi, with additional WhatsApp calls made while Joshi was being transported to court and after his arrival. Screenshots of these communications were placed before the court as evidence.

Background and Significance

The case relates to alleged irregularities in the Jal Jeevan Mission, a flagship Central scheme aimed at providing tap water connections to rural households. Joshi, a former minister in the previous Congress government in Rajasthan, was arrested by the ACB on 7 May. This is the latest in a series of corruption probes that have targeted officials and politicians linked to the scheme's implementation across several states.

With the court upholding the arrest, Joshi's legal team is expected to explore further remedies. The case will continue to be heard by the special Prevention of Corruption Act court in Jaipur.