In the land-for-jobs scam case, RJD chief and former Bihar CM Lalu Prasad Yadav has moved the Delhi High Court, challenging the CBI’s FIR and arguing it is invalid without prior sanction during his tenure.
New Delhi: The Delhi High Court heard a petition from former Bihar Chief Minister and RJD chief Lalu Prasad Yadav, seeking to quash the FIR filed by the CBI in the land-for-jobs case.
Justice Ravinder Dudeja presided over the proceedings, where senior advocate Kapil Sibal represented Yadav, while senior advocate D.P. Singh argued on behalf of the CBI.
Due to time constraints, the court was unable to conclude the hearing.
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During the proceedings, Sibal contended that the CBI had not secured the mandatory sanction required under Section 17A of the Prevention of Corruption Act prior to filing the FIR.
He argued that such sanction was essential because Yadav was serving as the Union Railway Minister at that time. Sibal reviewed the allegations against Yadav and referenced previous rulings from both the Delhi High Court and the Supreme Court.
The CBI claimed that Yadav was intentionally delaying proceedings by not finishing his arguments on charges before the trial court, asserting that he would complete them the following day. This case, being investigated by both the CBI and the ED, stems from allegations that railway jobs were exchanged for land parcels during Yadav’s tenure as Union Railway Minister.
The court remarked,
“Even if we assume that no investigation could have been initiated against you under the Prevention of Corruption Act, there are offences under the IPC as well.”
The matter is scheduled for further hearing on September 25 at 3:30 PM.
Also Read: [Cash-for-Jobs Scam] “Hearing on Partha Chatterjee Plea Adjourned”: Supreme Court
Previously, on July 18, the Supreme Court of India declined to grant a plea from Yadav challenging an order that refused to stay the trial court’s proceedings in relation to the land-for-jobs scam.
A bench of Justices M.M. Sundresh and N. Kotiswar Singh stated that they would not interfere in such a minor issue and would allow the High Court to address the primary matter of quashing the chargesheet.
In May, the Delhi High Court dismissed Yadav’s plea to quash the FIR, chargesheets, and the trial court’s cognizance concerning the land-for-jobs scam being investigated by the CBI. Justice Ravinder Dudeja’s bench had issued a notice to the CBI, requiring a response within six weeks, and clarified that the petitioner could raise all relevant contentions during the charge-framing stage.
Sibal had previously argued that the CBI’s failure to obtain the necessary sanction under Section 17A of the Prevention of Corruption Act invalidated the investigation. He also mentioned that the trial court overlooked this illegality.
Citing various Supreme Court and High Court rulings, Sibal maintained that without the mandatory approval under Section 17A, the initiation of inquiries and investigations was invalid, and he highlighted delays in FIR registration.
In contrast, D.P. Singh, representing the CBI, strongly opposed the request to stay trial proceedings. The CBI noted that the legal question regarding the applicability of Section 17A to pre-2018 offences is currently under review by a Larger Bench of the Supreme Court, with no final ruling available yet.
Also Read: Tej Pratap, Hema Yadav, and Others Granted Bail in Land-for-Job Scam Case
In July 2023, a Delhi court granted bail to Tejashwi Yadav, Lalu Prasad Yadav, and his wife Rabri Devi concerning a new CBI chargesheet related to the alleged land-for-job scam.
Special Judge Geetanjali Goel of the Rouse Avenue Court provided relief to the accused after they appeared in compliance with summons issued against them.
The CBI had filed a chargesheet in July 2023 against Lalu, his wife, and their son, marking the second chargesheet submitted in this case. The charges include various sections of the Indian Penal Code, 1860, and the Prevention of Corruption Act, 1988.
The CBI’s case alleges that Lalu Prasad Yadav, serving as Railways Minister from 2004 to 2009, received financial benefits through the transfer of land properties to family members in exchange for appointing substitutes in Group “D” positions across various Railway zones, including Mumbai, Kolkata, Jaipur, Jabalpur, and Hajipur.
The agency claims that “in lieu thereof, the substitutes, who were residents of Patna themselves or through their family members, sold and gifted their land situated at Patna in favor of the family members of Lalu Prasad Yadav and a private company controlled by family members, which was also involved in the transfer of such immovable properties.”
Additionally, the CBI alleges that no advertisements or public notices were issued for the appointment of substitutes in Zonal Railways, yet substitutes from Patna were appointed, with undue haste shown in processing applications and approving their appointments.
Furthermore, it is claimed that established procedures and guidelines for appointing substitutes were not followed, and their services were later regularized.
Case Title: Lalu Prasad Yadav vs Central Bureau of Investigation
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