In a setback to Lalu Prasad Yadav, the Supreme Court on Monday refused to quash a CBI FIR in the land-for-jobs case involving the RJD chief and his family members.
As reported by news agency PTI, a bench of Justices M M Sundresh and N Kotiswar Singh, however, granted exemption to the 77-year-old former Bihar chief minister from appearance before the trial court during the proceedings.
The bench, while issuing the order, said, “We do not say anything about the issue pertaining to the application of Section 17A (of the Prevention of Corruption Act) on whether it is prospective or retrospective. Taking into consideration the facts and the circumstances, liberty is granted to the petitioner to raise the legal issue at the time of the trial,” as cited by PTI.
The Supreme Court further allowed the former Bihar CM to raise the issue of the applicability of Section 17A of the Prevention of Corruption Act in the case during the trial of the case.
Section 17A of the Prevention of Corruption Act provides that no enquiry, inquiry or investigation shall be conducted by a police officer into any offence alleged to have been committed by a public servant under the law without prior approval from the appropriate authority.
During the hearing, Additional Solicitor General S V Raju, appearing for the Central Bureau of Investigation (CBI), argued that Section 17A of the Act would be invoked only if the accused was a decision-making authority.
The Solicitor General further argued that prior approval against Yadav under Section 17A was not required, as he was neither the person who took the decision nor the recommending authority.
Lalu Yadav opposes CBI`s claim
Senior advocate Kapil Sibal, appearing for Yadav, opposed the submission and said that there cannot be any investigation until the authorities get the sanction.
Kapil Sibal further argued that the CBI has woken up after nine years to file another chargesheet on the same ground on which the case had been closed.
Sibal further argued that, “At least a final order may not be passed. Other matters are pending on the same issue, and we don`t get any relief. This is not fair,” as cited by PTI.
Delhi High Court dismissed Lalu’s plea in March
Earlier on March 24, the Delhi High Court refused to quash a CBI FIR in the case involving Yadav and his family members, rejecting the RJD chief`s contention that the agency`s action was legally unsustainable in the absence of prior sanction under Section 17A.
As per PTI, the land-for-jobs case is related to Group D appointments made in the West Central Zone of the Indian Railways in Jabalpur, Madhya Pradesh, during Yadav`s tenure as the railways minister between 2004 and 2009, allegedly in return for land parcels gifted or transferred by the recruits in the name of his family members or associates, as per PTI.
Lalu Yadav had also contended that the inquiry, FIR, as well as the investigation and subsequent chargesheets in the matter, were legally unsustainable in the absence of prior sanction under Section 17A.
(With inputs from PTI)