Author: Express News Service
Publication: The Indian Express
Date: August 29, 2008
URL: http://www.indianexpress.com/story/354696.html
The Bihar Government on Thursday accused the
CBI of having taken a "complete U-turn" in the disproportionate
assets case against Railway Minister Lalu Prasad Yadav and his wife Rabri
Devi.
An affidavit filed by the Nitish Kumar Government
in the Supreme Court on Thursday says this is evident from the fact that the
agency did not appeal against their acquittal in the fodder scam case. It
has also alleged that the CBI, which had chargesheeted them after investigation,
desisted from challenging the trial court verdict because of the preeminent
position occupied by the former Bihar chief minister and Rashtriya Janata
Dal (RJD) chief in the Union Government. The Bihar Government was responding
to the petitions filed by Lalu, Rabri and the CBI questioning its locus standi
in filing an appeal against their acquittal in the case by the trial court.
On its part, the CBI, in its SLP, has raised
the question of whether the state Government has any competence to file an
appeal under Section 378 of the CrPC from an order of acquittal when the case
has been investigated by it.
On December 18, 2006, Special CBI judge Muni
Lal Paswan had acquitted Lalu and his wife in the matter, in which he was
accused of amassing assets worth Rs 46 lakh beyond his known sources of income
when he was the Bihar Chief Minister between 1990 and 1997. Rabri was a co-accused
in the case.
"It (not appealing) does create an impression
that by virtue of the present position of Lalu Prasad in the Central Government,
the CBI has chosen not to file the appeal on extraneous consideration,"
the affidavit reads.
While the CBI chose not to challenge the acquittal
order, the Nitish Government moved the Patna High Court against the trial
court's verdict.
"The CBI has chosen to oppose the Government
appeal under extraneous circumstances, otherwise an agency which investigated
the offence, found prima facie material for submission of chargesheet and
conducted the prosecution is not expected to take a complete U-turn and question
the bonafide of its appeal which if allowed would stand to establish the credibility
of the CBI," the affidavit said.
The state has also opposed the contention
that it has no locus standi to file an appeal as the case was probed by the
CBI. "It does not, however, remotely or even faintly suggest that merely
because the investigation has been done by the CBI, the state is denuded of
its authority to file an appeal against the judgement of acquittal,"
the affidavit says, adding that even the High Court has held that the appeal
was maintainable. While admitting the Bihar Government's appeal on March 20,
the High Court had said, "It appears that the CBI court has solely relied
on Income Tax Appellate Tribunal (ITAT) order exonerating the respondents."
