The Delhi High Court dismissed Lalu Prasad Yadav’s plea to quash the CBI FIR in the land-for-jobs case, saying the petition had no merit. The Court ruled that prior sanction under Section 17A PC Act was not required as the alleged offences took place before 2018.
The Delhi High Court on Tuesday dismissed a petition filed by former Bihar Chief Minister and former Union Railways Minister Lalu Prasad Yadav, in which he had sought to quash the FIR and chargesheets filed against him in the alleged land-for-railways jobs case. The Court held that the petition had no merit and allowed the criminal proceedings to continue.
The case relates to allegations made by the Central Bureau of Investigation (CBI) that during his tenure as Union Railway Minister between 2004 and 2009, Lalu Prasad Yadav was involved in a corruption scheme where railway jobs were allegedly given in exchange for land parcels transferred to his family members and associated entities at very low prices.
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According to the CBI, several candidates or their relatives transferred land in Patna and other places to Yadav’s family members in what the agency claims was a quid pro quo arrangement for securing Group D jobs in the Indian Railways without any proper recruitment process.
Lalu Prasad Yadav had approached the Delhi High Court seeking quashing of the FIR registered by the CBI in 2022, the chargesheets filed thereafter, and the trial court orders taking cognisance of the chargesheets.
He argued before the Court that the CBI had not taken mandatory prior sanction under Section 17-A of the Prevention of Corruption Act before registering the FIR against him. His legal team argued that this sanction was necessary because the allegations were related to decisions taken by him in his official capacity as a public servant.
Section 17-A of the Prevention of Corruption Act was introduced through the Prevention of Corruption (Amendment) Act, 2018. This provision requires prior approval from the appropriate government before any investigation is initiated against a public servant for alleged offences related to recommendations or decisions taken during official duty. Yadav’s counsel argued that since the CBI did not obtain this sanction before registering the FIR, the entire investigation and subsequent proceedings should be quashed.
Another argument raised by Lalu Prasad Yadav was regarding the delay in registration of the FIR. His legal team submitted that the alleged offences took place between 2004 and 2009, but the FIR was registered only in 2022, which is a delay of nearly 14 years. On this ground as well, he requested the Court to quash the case.
However, Justice Ravinder Dudeja of the Delhi High Court rejected these arguments. The Court held that Section 17-A of the Prevention of Corruption Act is prospective in nature, meaning it applies only to offences committed after the provision came into force in 2018.
Since the alleged offences in this case took place between 2004 and 2009, the Court held that Section 17-A would not apply in this case. Therefore, the CBI was not required to obtain prior sanction before registering the FIR.
While dismissing the plea, the Court clearly stated,
“The absence of prior approval under this provision does not vitiate the preliminary inquiry, registration of FIR, investigation or cognisance orders passed by the learned Special Judge. The petition being devoid of merits is accordingly dismissed,”
It is important to note that the Delhi High Court had earlier also refused to stay the trial court proceedings in this matter, and that order was later upheld by the Supreme Court of India. This means the trial in the land-for-railways jobs case will continue before the trial court.
The CBI has alleged that during Lalu Prasad Yadav’s tenure as Railway Minister, appointments were made to Group D posts in the Railways in return for land transferred to his family members. The agency claims that many job seekers or their family members either sold land at very low prices or gifted land to Yadav’s family and related entities, and in return, they were given railway jobs without any proper public recruitment process.
On the other hand, Lalu Prasad Yadav and his family have denied all the allegations and have claimed that the case is politically motivated. His legal team, which included Senior Advocates Kapil Sibal and Maninder Singh along with several other advocates, argued the matter before the Delhi High Court. The CBI was represented by Additional Solicitors General SV Raju and DP Singh along with their legal team.
With the Delhi High Court dismissing Lalu Prasad Yadav’s plea, the criminal proceedings in the land-for-railways jobs case will continue, and the trial court will proceed with the case in accordance with law.
The judgment is significant because it clarifies that Section 17-A of the Prevention of Corruption Act will not apply to offences that took place before the 2018 amendment, and lack of prior sanction in such cases will not invalidate the FIR or investigation.
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