Toda, On 17th February, The Supreme Court noted that those involved in the Deoghar fodder scam are above 60 years of age. The judges said they know the petition and its outcome, adding that accused are in their 60s, 70s, and 80s.
The Supreme Court remarked that those involved in the Deoghar fodder scam are primarily over 60 years of age.
During the hearings for appeals filed by the Central Bureau of Investigation (CBI) against the Jharkhand High Court’s bail order for former Bihar Chief Minister Lalu Prasad Yadav, Justices MM Sundresh and N Kotiswar Singh made this observation.
Additional Solicitor General (ASG) SV Raju, representing the CBI, contended that the High Court had misapplied the law by suspending the sentences of the accused.
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He emphasized,
“It’s a question of law. It has to be applied. It’s in violation of it that the sentence has been suspended. It can’t be done. It’s an illegal order,”
In defense, Senior Advocate Kapil Sibal, representing Yadav, pointed out that there are multiple accused individuals in the case, with some yet to respond to the CBI’s appeal.
He stated,
“There are other accused some of them haven’t been served, some of them haven’t filed replies. There is no need for such excitement.”
The Court remarked,
“Both of us (judges) know what this special leave petition is. We think both of you know what the result is. You do your job, we do our job. We can fix a date for the appeal to be disposed of. We all know what the question of law is. The persons are in their 60s, 70s, and 80s.”
ASG Raju added,
“They are all illegally out. This (bail) is post conviction.”
The Court then decided to adjourn the case until April, expressing concern that “the files are just languishing.”
They indicated that cases with deceased respondents would be closed.
Earlier, In December 2017, Lalu Prasad Yadav received a total sentence of seven years after being convicted on multiple charges, including conspiracy and corruption, related to the misappropriation of Rs.89 lakh from the Deoghar Treasury during his tenure as Chief Minister of Bihar from 1991 to 1994.
After being granted bail in July 2019 by the Jharkhand High Court, the CBI challenged this decision, prompting the Supreme Court to take notice of the matter in February 2020, where it has remained unresolved.
In its appeal, the CBI argues that the High Court wrongly suspended Prasad’s sentence without significant changes in circumstances, positioning Prasad as the primary conspirator in the fodder scam, highlighting how he improperly benefitted by withdrawing excess funds from the District Treasury based on forged documents.