New Delhi: Railway Minister Lalu Prasad on Thursday pleaded before the Supreme Court that the disproportionate assets cases against him and his wife Rabri Devi be transferred out of Bihar and posted to a court in Delhi, Uttar Pradesh or any other State.

Senior counsel Ram Jethmalani made this submission before a Bench comprising Justices K.G. Balakrishnan, A.R. Lakshmanan and S.H. Kapadia, hearing a public interest litigation petition alleging interference in the fodder scam trials and income tax appeal cases against Mr. Prasad and Ms. Devi. The Bench posted the matter for final hearing on July 12.

Mr. Jethmalani said it would not be agreeable for his client if the cases were posted before some other judge. In view of the present atmosphere it would be better if the cases were shifted out of Bihar.

The Bench wanted to know whether the Patna High Court could be requested to post the disproportionate assets cases to another judge. After the promotion of Special Judge Yogender Prasad, who was hearing the two cases, Munnilal Paswan was appointed Special Judge in his place and he is now hearing arguments.

In August last, the apex court stated that prosecution could complete its evidence but ordered that the defence arguments would begin only with its permission. The petitioners, Rajiv Ranjan Singh Lallan and Sushil Kumar Modi, while seeking cancellation of bail granted to Mr. Prasad and his wife, also questioned the transfer of Mr. Justice Yogender Prasad.

"Modify order"

Mr. Jethmalani submitted that the apex court order should be modified and defence arguments permitted.

He alleged that the petition was filed at the instance of the Bharatiya Janata Party and questioned the maintainability of a public interest litigation petition filed by politicians.

He alleged that it was filed only because the present judge happened to be a Dalit and said the court should not entertain it.

Senior counsel Mukul Rohtagi, appearing for the petitioners, pointed out that until 2004 the accused took 25 adjournments in the case and was interested in delaying the proceedings when Mr. Justice Yogender Prasad was the Special Judge. Mr. Justice Prasad was transferred on promotion on June 1, 2005 and Mr. Justice Munna Lal Paswan was appointed Special Judge on July 2, 2005.

Printer friendly page  
Send this article to Friends by E-Mail