New Delhi, April 13 (IANS) The Supreme Court on Monday declined to quash the CBI FIR and charge sheets against RJD chief Lalu Prasad Yadav in connection with the alleged land-for-jobs scam.
A bench of Justices M.M. Sundresh and N. Kotiswar Singh, while disposing of Yadav’s plea challenging the Delhi High Court order refusing to quash the corruption case, granted him liberty to raise legal objections during trial and exempted him from personal appearance before the trial court.
“After hearing senior counsel for the parties, the issue pertaining to whether the application of the provision is prospective or retrospective is left open. Liberty is granted to the petitioner to raise the issue at the time of trial,” the Justice Sundresh-led Bench said.
The apex court clarified that it was not expressing any view on the contentious issue relating to the applicability of Section 17A of the Prevention of Corruption Act, which mandates prior sanction for initiating investigation against public servants for acts done in discharge of official duties.
It further observed that the impugned order of the Delhi High Court refusing to quash the matter would not preclude the petitioner from raising the legal contention before the trial court.
Senior advocate Kapil Sibal, appearing for Yadav, contended that prior sanction under Section 17A of the Prevention of Corruption Act was mandatory before initiation of investigation since the allegations related to acts purportedly done by Yadav in discharge of his official functions as the then Union Railway Minister.
He contended that prior sanction was mandatory at the stage of investigation itself and that the absence of such approval rendered the entire proceedings illegal.
Opposing the plea, Additional Solicitor General (ASG) S.V. Raju submitted that Section 17A would apply only where the accused was the decision-making or recommending authority. He argued that Yadav did not fall within that category and, therefore, no prior approval was required.
During the hearing, the Justice Sundresh-led Bench expressed reservations over the CBI’s submission, observing that the question of influence exercised by a person holding the highest office in the ministry could not be brushed aside merely because no formal recommendation was made on record.
However, the top court refrained from adjudicating on the merits of the rival submissions and left the issue open to be decided during trial.
The development comes after the Delhi High Court had earlier dismissed Yadav’s petition to quash the FIR, charge sheets, and cognisance orders, observing that the plea was devoid of merit.
The case pertains to allegations that appointments in the Indian Railways were made in exchange for the transfer of land parcels to the family members and associates of the former Railway Minister.
The CBI had registered the case in May 2022 against Lalu Prasad Yadav and several others, including his wife and former Bihar Chief Minister Rabri Devi, along with other family members and unidentified public servants.
Subsequently, charge sheets were filed against multiple accused persons under provisions of the Prevention of Corruption Act and the Indian Penal Code (IPC).
–IANS
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