New Delhi, Jul 18: 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\u2019s land-for-jobs case.
\nA bench of Justices M M Sundresh and N Kotiswar Singh asked the Delhi High Court to expedite hearing on his plea for quashing of the CBI FIR.
\nThe top court also granted exemption from appearance to Yadav before trial court in the case noting his health condition.
\n\u201cThe appeal being against interim order we are not inclined to interfere except by observing that at the time of disposing the final matter the observation made in the impugned order will not stand in the way.
\n\u201cConsidering the fact and circumstances of the case, we are inclined to pass 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,\u201d the bench said.
\nSenior 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.
\nAdditional Solicitor General S V Raju, appearing for the CBI, countered it saying sanction was not required in the present case.
\nSibal 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).
\nOn May 29, the Delhi High Court said there were no compelling reason to stay the proceedings.
\nThe high court issued notice to the CBI on Yadav\u2019s plea for quashing of the agency FIR and posted the hearing on August 12.
\nThe 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\u2019s 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\u2019s family or associates.
\nIn 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.
\nThe case was registered on May 18, 2022, against Yadav and others, including his wife, two daughters, unidentified public officials and private persons.
\nThe former chief minister said the FIR was lodged in 2022 \u2014 almost a 14-year delay \u2014 despite the CBI\u2019s initial enquiries and investigations being closed after filing of closure report before the competent court.
\n\u201cInitiation 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,\u201d it said.
\nThe petitioner argued he was being made to suffer through an \u201cillegal, motivated investigation\u201d in violation of his fundamental right to a fair investigation.
\n\u201cBoth, 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,\u201d the plea added.
\nYadav called it a scenario of \u201cregime revenge and political vendetta\u201d as the initiation of investigation without such approval vitiated the entire proceedings since inception with the being a \u201cjurisdictional error\u201d. (Agencies)<\/p>\n","protected":false},"excerpt":{"rendered":"
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