New Delhi : Former Bihar Chief Minister Lalu Prasad Yadav failed to get any relief in the land-for-jobs ‘scam’ as the Supreme Court on Friday refused to halt the trial proceedings in the case. A bench of justices MM Sundresh and N Kotiswar Singh will hear the case. In his appeal filed last week, Yadav challenged an interim order passed by the Delhi high court on May 29 that refused to stay the trial in the case pending before a special court in Delhi.
The appeal, filed by advocate Mudit Gupta, said the Central Bureau of Investigation (CBI) filed the case against him on May 18, 2022, after a 14-year delay without the central government’s sanction. This sanction was necessary under Section 17 A of the Prevention of Corruption Act, the petition argued, because the allegations pertain to 2004 to 2009 when he was a Union minister.
Section 17 A shields public servants from any inquiry or investigation into offences relatable to decisions taken or recommendations made in discharge of official functions or duties. Yadav’s petition said disregarding this provision, the trial court had proceeded with the trial in the case.
The high court hadn’t granted any immediate relief to Yadav previously and posted the matter in August. On the issue of granting interim relief, the high court order said, “Petitioner would be at liberty to urge all his contentions before the trial court at the stage of consideration of charge. This would be rather an added opportunity to the petitioner to put forth his point and get the same adjudicated.”
The allegations against Yadav are that during his tenure as railway minister, Group D appointments were made in the West Central Zone of the railways in Jabalpur, Madhya Pradesh, in lieu of land parcels gifted or transferred by the successful candidates in the name of Yadav’s family or associates.
Based on the above case, CBI filed three charge sheets. The trial court has taken cognisance of the charge sheets and is at the stage of arguments on charges. Yadav had argued before the high court that before the charges are framed, he should have the remedy to set aside the FIR itself since it was void in law due to violation of Section 17-A requirement. However, CBI told the high court that the protection against Section 17-A was inserted in the PC Act by a 2018 amendment.
The question whether this amendment would apply to offences committed prior to the coming of this law is under consideration before the Supreme Court in a petition filed by Telugu Desam Party (TDP) chief and chief minister of Andhra Pradesh N Chandrababu Naidu.
Read Also : Gunmen Execute Gangster in Patna Hospital, CCTV Captures Brazen Attack