The Supreme Court will pronounce its verdict on Thursday on a petition filed by RJD chief Lalu Prasad and his wife challenging the decision of the Patna High Court admitting the appeal of Bihar government against their acquittal in a disproportionate assets case.
A Bench comprising Chief Justice K G Balakrishnan and Justices R M Lodha and B S Chauhan had reserved the judgement on March 10.
CBI had also joined Prasad and his wife Rabri Devi in 2007 in opposing the stand of the Nitish Kumar government in filing the appeal in the High Court.
During the final hearing on March 10, CBI stood by the RJD chief, who has threatened to part ways with the UPA government, in the Supreme Court by opposing the decision of the Bihar government to challenge his acquittal in a disproportionate assets case, an off-shoot of the fodder scam.
Prasad and his wife's stand that Bihar government has no locus standi to appeal against their acquittal was supported by CBI which said the right to file an appeal lies with the agency which probed and prosecuted the case.
CBI questioned the state government's competence to file an appeal under Section 378 of CrPC for an order of acquittal when the case was investigated by it.
However, Bihar government had contended that it has the power to file an appeal against the acquittal irrespective of the fact that the case was probed and prosecuted by CBI as the crime was committed in the state.
It argued that section 378 (2) of CrPC only gives additional power to the Centre to decide on the question of appeal in the cases which are investigated by CBI.
"Under section 378 (2), additional power is conferred on the Centre and that does not mean that the general power of appeal of state government is taken away," the state government had submitted while supporting the High Court decision admitting the appeal against the acquittal of the RJD chief and his wife in the case.
The Bihar government had moved the High Court against the trial court verdict after finding that CBI was not challenging the acquittal of Prasad and his wife in the case.