SC seeks Bihar Govt's response on Lalu-Rabri's appeal

SC seeks Bihar Govt's response on Lalu-Rabri's appeal The Supreme Court today sought response from Bihar Govt on a petition filed by RJD chief Lalu and his wife Rabri Devi challenging the Patna High Court's decision to admit the state's appeal against their acquittal in a disproportionate assets case, an offshoot of the multi-crore fodder scam. "How the state government has come into picture when the case was investigated and prosecuted by the CBI," a Bench headed by Chief Justice K G Balakrishnan observed before issuing notice to the Bihar Government. "CBI being prosecutor in the case can file an appeal. The state has no role to play in the case," the Bench, also comprising Justices R V Raveendran and M K Sharma, said during the brief hearing. However, senior advocate Harish Salve, appearing for the Bihar Government, said that the state was entitled to file appeal under Code of Criminal Procedure (CrPC). Solicitor General G E Vahanvati submitted that CBI had investigated the case on court's direction and now that the High Court had decided that the state government's appeal was maintainable, the apex court can hear the petitions filed by Prasad and the investigating agency. Senior advocate Ram Jethmalani, appearing for Prasad, said that the matter should be heard on priority basis as important question of law was involved in it. The Railway Minister along with his wife and CBI had challenged the Bihar Government's move in the apex court to file an appeal in the High Court against their acquittal in the case. However, the apex court had preferred to wait and watch till the High Court decided the issue of admitting the state government's appeal. The court had observed that only if the appeal was admitted, Prasad and his wife could challenge it. The Bihar Government had moved the High Court against the trial court verdict after finding that the CBI was not challenging the acquittal of Prasad and his wife in the case. Questioning the move of Bihar government, the CBI in its petition, maintained that the Nitish Kumar Government has no locus standi to file an appeal as the case was investigated by it and the state government cannot act contrary to the executive decision of the Centre. Lalu Prasad and his wife have also taken a similar stand. Special CBI judge Muni Lal Paswan had on December 18, 2006 acquitted Lalu and his wife in a case in which he was accused of amassing assets worth Rs 46 lakh beyond his known source of income when he was the chief minister between 1990 and 1997. Rabri Devi was made a co-accused in the case. The High Court had held that the Bihar government's appeal challenging their acquittal in a DA case was maintainable, saying the appeal could be entertained under section 378 of the CrPC relating to a case of acquittal. The investigating agency in its Special Leave Petition questioned "whether the state government has any competence to file an appeal under section 378 of CrPC from an order of acquittal when the case has been investigated by it". While admitting the Bihar Government's appeal on March 20, the High Court said "it appears that the CBI court has solely relied on Income Tax Appellate Tribunal (ITAT) order exonerating the respondent (Lalu/Rabri duo)."

"Loved reading this piece by SANJAY DIXIT?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group