The top court also granted an exemption from appearance to Yadav before the trial court in the land-for-jobs scam case, noting his health condition
Lalu Prasad Yadav. Pic/X
The Supreme Court on Friday refused to stay the trial court proceedings against former Bihar chief minister and RJD supremo Lalu Prasad Yadav in the CBI's land-for-jobs scam case, reported news agency PTI.
A bench of Justices M M Sundresh and N Kotiswar Singh asked the Delhi High Court to expedite the hearing on his plea for quashing of the CBI FIR, reported PTI.
The top court also granted an exemption from appearance to Yadav before the trial court in the land-for-jobs scam case, noting his health condition.
"The appeal being against the interim order, we are not inclined to interfere except by observing that at the time of disposing of the final matter, the observation made in the impugned order will not stand in the way.
"Considering the facts and circumstances of the case, we are inclined to pass a further order to the effect that he may not be personally present and therefore his appearance is dispensed with. We request the High Court to expedite the hearing," the bench said, reported PTI.
Senior advocate Kapil Sibal, appearing for the RJD supremo, sought a stay on proceedings, saying there was no prior approval obtained by the CBI under Section 17A of the Prevention of Corruption Act, reported PTI.
Additional Solicitor General S V Raju, appearing for the CBI, countered it, saying sanction was not required in the present case, reported PTI.
Sibal sought the stay, pointing out no prior approval with the CBI under Section 17A of the Prevention of Corruption Act (prior sanction before initiating investigation against public servant), reported PTI.
On May 29, the Delhi High Court said there was no compelling reason to stay the proceedings.
The high court issued notice to the CBI on Yadav's plea for quashing of the agency FIR and posted the hearing on August 12.
The case is related to Group D appointments made in the West Central Zone of the Indian Railways based in Jabalpur, Madhya Pradesh, during Lalu Prasad's tenure as the railway minister between 2004 and 2009, allegedly in return for land parcels gifted or transferred by the recruits in the name of the RJD supremo's family or associates, reported PTI.
In his petition in the high court, Prasad sought the quashing of the FIR and three chargesheets filed in 2022, 2023 and 2024, and the subsequent orders of cognisance.
The land-for-jobs scam case was registered on May 18, 2022, against Yadav and others, including his wife, two daughters, unidentified public officials and private persons.
The former chief minister said the FIR was lodged in 2022 -- almost a 14-year delay -- despite the CBI's initial enquiries and investigations being closed after filing of a closure report before the competent court, reported PTI.
"Initiation of the fresh investigation in the concealment of the previous investigations and its closure reports is nothing but an abuse of the process of law," it said, reported PTI.
The petitioner argued he was being made to suffer through an "illegal, motivated investigation" in violation of his fundamental right to a fair investigation, reported PTI.
"Both, the initiation of the present enquiries and investigations are non est as both have been initiated without a mandatory approval under Section 17A of the PC Act. Without such approval, any enquiry/inquiry/investigation undertaken would be void ab initio," the plea added, reported PTI.
Yadav called it a scenario of "regime revenge and political vendetta" as the initiation of investigation without such approval vitiated the entire proceedings since inception with it being a "jurisdictional error".
(With inputs from PTI)
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