A Delhi court on Saturday deferred the formal framing of charges against Rashtriya Janata Dal (RJD) president Lalu Prasad Yadav, his wife Rabri Devi and son Tejashwi Yadav and six others in an alleged money laundering linked to the IRCTC case to October 30 because of a procedural roadblock created by an order passed by the judge who had earlier directed the charges to be framed.
Special judge Prashant Kumar of Rouse Avenue Courts was to formally frame charges after then special MP/MLA judge Vishal Gogne, while hearing the case at Dwarka, ordered on September 10 that he would frame charges against them and transmit them to the Rouse Avenue court for the accused to enter their pleas.
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Gogne, who had heard both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) cases in the alleged land-for-jobs scam, had ordered framing of money laundering charges against nine accused on September 10, while discharging seven others.
“Since the framing of the formal charge is a part of the order on charge and a reflection of the comprehension with which the charge is directed to be framed, this court shall frame the formal charge and the same shall be transmitted to the court of Ld. Special Judge for the accused to enter their plea to the same,” the order had said.
{{/usCountry}}“Since the framing of the formal charge is a part of the order on charge and a reflection of the comprehension with which the charge is directed to be framed, this court shall frame the formal charge and the same shall be transmitted to the court of Ld. Special Judge for the accused to enter their plea to the same,” the order had said.
{{/usCountry}}However, Gogne was subsequently transferred to the Delhi high court on September 22 and is now serving as registrar (vigilance).
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The procedural issue has left the case in a legal limbo, with Kumar observing that “he could not formally frame the charges when Gogne’s order had expressly provided that the formal charges would be drawn up by him”.
The judge went on to direct advocate Manu Mishra, representing ED to seek instructions on how to proceed in view of the earlier order and fixed October 30 for further hearing.