Rajasthan HC rejects Mahesh Joshi's arrest plea in JJM scam case
Synopsis
Key Takeaways
The Rajasthan High Court on Friday, 12 June dismissed a habeas corpus petition challenging the legality of the arrest of former Public Health Engineering Department (PHED) Minister and senior Indian National Congress (INC) leader Mahesh Joshi in the alleged Jal Jeevan Mission (JJM) corruption case. The court's refusal to grant relief ensures that Joshi remains in judicial custody, deepening his legal troubles in one of Rajasthan's most closely watched graft investigations.
What the Court Decided
A division bench comprising Justice Umashankar Vyas and Justice Ashok Kumar Jain rejected the petition filed by Joshi's son, Rohit Joshi, which had questioned the Anti-Corruption Bureau's (ACB) conduct during the arrest. The bench endorsed the findings of the lower special court, which had earlier upheld the validity of the arrest. No relief of any kind was granted to the former minister.
The Petitioner's Arguments
Advocates Aman Agarwal and Neha Goyal, representing the petitioner, argued that the ACB had violated provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) when arresting Mahesh Joshi from his Jaipur residence on 7 May. They specifically contended that family members were not provided timely written information regarding the grounds of arrest — a mandatory requirement under the new criminal procedure law. On this basis, the petition sought Joshi's immediate release, claiming procedural lapses rendered the arrest illegal.
The State's Rebuttal
Advocate General Rajendra Prasad and Additional Advocate General Rajesh Chaudhary countered that the arrest was carried out lawfully and transparently. The state submitted that Mahesh Joshi's family members were present at the time of arrest and were fully aware of the reasons for his detention. According to the state, investigating officers also kept Rohit Joshi informed through telephone updates as the former minister was transported to ACB headquarters and subsequently produced before the special court. The High Court accepted these submissions.
The JJM Scam: What Investigators Allege
The case centres on alleged irregularities in the implementation of the Jal Jeevan Mission during the Ashok Gehlot government in 2021. Investigators allege that private firms — including Shri Shyam Tubewell and Shri Ganpati Tubewell — secured PHED contracts worth nearly ₹960 crore by submitting forged experience certificates purportedly issued by public sector undertaking IRCON. The ACB claims these companies, allegedly in collusion with senior PHED officials and other accused persons, obtained the contracts on the basis of fraudulent documents. Investigations have also reportedly pointed to alleged payment of bribes and commissions for clearing tenders and overlooking procedural violations.
Parallel ED Probe and What Comes Next
Mahesh Joshi is facing scrutiny from both the ACB and the Enforcement Directorate (ED). While the ACB is probing alleged corruption in the awarding of JJM contracts, the ED is conducting a parallel money-laundering investigation under the Prevention of Money Laundering Act (PMLA). The High Court's refusal to interfere marks a significant legal setback for the former minister. With both investigations active, the case is expected to move to the next stage of judicial proceedings in the weeks ahead.