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Thursday, Sep 13, 2007
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Verdict reserved in Lalu case

Special Correspondent

PATNA: The Patna High Court on Monday reserved its order on the maintainability of the Bihar government’s right to challenge the acquittal of Railway Minister Lalu Prasad and the former Chief Minister, Rabri Devi, in the disproportionate assets case.

The single bench of Justice R.K. Datta heard arguments of lawyers representing Mr. Prasad and his wife, the Centre and the State government.

He, however, did not specify when he intended to deliver his ruling.

The State government had in February challenged the acquittal of the couple on December 18 by the CBI judge Muni Lal Paswan after the Centre decided not to go in appeal.

Senior Supreme Court lawyer Ram Jethmalani, representing Mr. Prasad and his wife, argued that the State government enjoyed no statutory power to file a petition seeking to prosecute the couple.

Only the Centre and the CBI, which investigated the case, enjoyed such a right and both had decided against it.

He maintained that the case was politically motivated and the government had crossed its jurisdiction in seeking to challenge and prosecute the couple.

Additional Solicitor-General Ghulam Vahanvati, appearing on behalf of the Centre and the CBI, supported Mr. Jethmalani’s contention.

Government counsel Surendra Singh said that the State had been a party to the case at all levels of the investigation and prosecution and its involvement vested it with the right to challenge the verdict after the CBI declined to do it.

Denial

He said the State government would not shirk its responsibility and denied that the action was politically motivated.

Mr. Singh also cited an apex court ruling that the government could challenge any acquittal and prosecute the persons concerned if the Centre was unwilling do so.

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