The Supreme Court on Monday issued a notice to RJD chief Lalu Prasad on the CBI’s plea against dropping of conspiracy charge against him by the Jharkhand high court in the fodder scam case.
Prasad, who was convicted in a fodder scam case and sentenced to five-year jail term, is currently on bail since December 13, 2013. The conviction led to his immediate disqualification from Lok Sabha and he also became ineligible to contest elections for 11 years.
A bench of justices Madan B Lokur and SA Bobde asked Prasad to respond to CBI’s plea in four weeks time.
The CBI had challenged Jharkhand high court’s November 14, 2014 order by which some of the charges against Prasad in one of the fodder scam cases relating to fraudulent withdrawal of money from Chaibasa and Deoghar treasuries.
A special CBI court in Ranchi had convicted Prasad and 44 others in September 2014 in the case relating to fraudulent withdrawal of Rs 37.70 crore from Chaibasa treasury in 1994-95 in the fodder scam. He was later granted bail by the Supreme Court in December the same year.
The CBI filed the latest appeal against the Jharkhand high court order upholding the agency’s plea to continue proceedings in the trial court against Prasad under two sections, while dropping other charges on the grounds that a person cannot be tried twice for the same offence.
The HC had ordered that proceedings against him be continued under IPC sections 201 (causing disappearance of evidence of an offence committed or giving false information) and 511 (attempting to commit offences punishable with imprisonment for life or imprisonment, and in such attempt doing any act towards the commission of the offence).
The High Court, however, had dropped IPC 120, 120B, 409,420, 471, 477, 477A and 13(2) under Prevention of Corruption Act against Prasad, giving him relief under section 300 of the Code of Criminal Procedure Act and Article 22 of the Constitution which states that a person once convicted or acquitted cannot to be tried for the same offence again.
Prasad had moved the petition in the High Court for relief under the CrPC section after he was found guilty by the CBI court on September 30 last year in the fodder scam case pertaining to fraudulent withdrawal from Chaibasa Treasury.