Delhi High Court Seeks CBI's Response On Lalu Prasad Yadav's Plea Against Charges In 'Land For Jobs' Case

The Delhi High Court on Wednesday (March 11) issued notice to CBI on RJD Chief Lalu Prasad Yadav's petition challenging a Special Court's order dated January 09, framing charges against him in the 'land for jobs' case.Issuing notice to the CBI, Justice Manoj Jain gave a tentative schedule of hearing to both sides. "Accordingly the arguments shall be heard on March 17,18 and 23, 24 from 3:30 pm onwards," the court said, asking the parties to file written synopsis in the matter.Senior Advocate Kapil Sibal appearing for Yadav argued that then Minister had nothing to do with recruitment, adding that the Prevention of Corruption Act could not have been invoked in a private transaction. "This case relates to employment of class D employees into the Railways. Allegation is Railway recruited Class D employees. Class D employees are recruited on temporary basis and later they are regularized if necessary. Lalu Prasad Yadav was minister for Railways between 2004-2009. During this period 1500 candidates who were recruited. Minister has nothing to do with recruitment process. How they are to be recruited is set down in a circular. General Managers (GMs) are made accused. Total accused originally were 103...out of which 5 expired. Total persons discharged are 52 of 103-5. 46 remaining accused are facing trial, of which 6 are General Managers. 14 other accused are either family members of petitioner or close associates of petitioner. 24 are those who are related to certain land transactions," said Sibal.He submitted that at a given point of time there was a land transaction and all those involved, like GMs who were apparently involved in giving permissions are made accused. He said that of the 1500 persons recruited it seemed that the alleged conspiracy was to get land from them. "Total area of land bought is 2 acres. This is great conspiracy to cheat. There are two separate aspects to this prosecution...These 6 (GMs) are made accused because quay them the employees had entered into a land transaction. One of the family member's buys a piece of land of a certain price and for consideration. Charge is circle value of land is say Rs. 4 lakh 10,000 but you bought it for Rs 3 Lakh 70..." he said. He said that the charge is also of allegation of bribery made against the petitioner. The court asked if there was any statement under Section 161 CrPC of any of the complainants' to which the petitioner's counsel said that there were none. Sibal said, "6 GMs are made approver and they have been granted pardon...How did they start prosecution because CBI gets some information. How did they (CBI) get information? Nobody complained".With respect to the alleged role of the petitioner on issue of "quid pro quo", Sibal said that some employee has to say that he was given the job and so he parts with his land. He said that there was no such statement by any employee. He further questioned invocation of Prevention of Corruption Act. Meanwhile another counsel submitted,"Yesterday approver was supposed to be called. If all approvers come in before special judge, this is gone...my lords can defer the approvers...".At this stage the court orally asked as to how long the counsel will take tentatively to conclude their arguments. The court also asked the number of witnesses in the matter, to which the CBI's counsel said that there were more than 100 witnesses and only one had been examined. At this stage the court orally said,"...10 days you hold on with your approvers...we don't stall," to which the CBI's counsel said that other than approvers, it will bring other witnesses. For context, the court of Special Judge Vishal Gogne of Rouse Avenue Courts had said Yadav and his family acted as a criminal syndicate and there was overarching conspiracy on their part.“The court finds on the touchstone of suspicion that there existed an overarching conspiracy by Lalu Prasad Yadav towards using public employment as a bargaining chip for receiving immovable properties for his family (daughters, wife and sons),” the judge had said while pronouncing the order.The Court also said that the chargesheet of CBI indicates that close associates of Yadav facilitated as conspirators. It rejected the plea for discharge filed by Yadav and his family as being completely unwarranted.Out of the 98 accused persons, the Court discharged 52 individuals, which included some CPOs. Charges have been framed against 41 accused persons. The Court also framed corruption charges against Yadav's wife Rabri Devi, son Tejashwi Prasad Yadav and various other accused.A total of 107 individuals are named as accused in the case. However, five of them expired and proceedings qua them stand abated.CBI had filed a chargesheet in the case on October 10, 2022, against 16 persons. Lalu Prasad Yadav, his wife Rabri Devi, daughter Misa Bharti and other individuals are accused in the matter.It is the case of the agency that various residents of Bihar were appointed as substitutes in “Group-D...

Delhi High Court Seeks CBI's Response On Lalu Prasad Yadav's Plea Against Charges In 'Land For Jobs' Case

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