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Bihar slams CBI ‘U-turn’ in case against Lalu

J. Venkatesan

“State is not denuded of authority to prosecute offenders”

“As Lalu is in Union Cabinet, CBI didn’t challenge acquittal in assets case”
“Now it is opposing government appeal under extraneous circumstances”

New Delhi: The Bihar government, in its affidavit filed in the Supreme Court on Thursday, slammed the Central Bureau of Investigation for not preferring an appeal against a trial court verdict acquitting Railway Minister Lalu Prasad and his wife Rabri Devi in a disproportionate assets case.

Special CBI judge Muni Lal Paswan on December 18, 2006 acquitted the couple in the case, in which it was alleged that they amassed assets worth Rs. 46 lakh beyond the known sources of their income when Mr. Prasad was Chief Minister between 1990 and 1997.

As the CBI, prosecuting agency, did not file an appeal, the State government moved the Patna High Court, which held that its appeal was maintainable.

The CBI, Mr. Prasad and his wife filed appeals in the Supreme Court against this order contending that the State government was not competent to file an appeal. For, it was the exclusive jurisdiction of the Centre on a matter dealt with by the CBI. The apex court issued notice to Bihar government on these appeals.

In its response, the Bihar government said the CBI investigated the offence and was in the role of the prosecuting agency in the course of trial. But, rather than filing an appeal against the trial court order of acquittal, it “has chosen to question the jurisdiction of the Bihar government to file an appeal. It does create an impression that by virtue of the presence of Mr. Lalu Prasad in the Union government, the CBI has chosen not to file the appeal on an extraneous consideration.”

The government said: “It does create an impression that the CBI has chosen to oppose the government’s appeal under extraneous circumstances, otherwise an agency which investigated the offence, found prima facie material for submission of a charge sheet and conducted the prosecution, is not expected to take a complete U-turn and question the bona fides of a governmental appeal, which if allowed would stand to establish the credibility of the CBI and the investigation conducted by it.”

It said: “Merely because the investigation was entrusted to the CBI, the State is not denuded of its authority under the Cr.PC, the IPC and the Prevention of Corruption Act to prosecute an offender who is alleged to have conspired and connived in fraudulent withdrawal of thousands of crores of rupees belonging to the people of Bihar. It is rather the obligation of the State of Bihar to ensure that offenders are brought to book.”

The government said the special leave petitions were premature as the State’s appeal was yet to be heard and decided on its merits. The SLPs were filed solely to pre-empt consideration of the appeal, the affidavit said and sought their dismissal.

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