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SC’s fodder scam ruling does not pose imminent threat to Lalu Prasad: Lawyer
The Supreme Court reinstated on Monday criminal conspiracy charges against Lalu Prasad in a fodder scam case, and said that the former Bihar chief minister will be tried in each of the five remaining cases against him.
The Supreme Court verdict reinstating criminal conspiracy charge against RJD chief Lalu Prasad in a fodder scam does not pose an imminent threat to the former Bihar chief minister, his lawyer says.
The most damaging fallout from his role in the scam came on September 30, 2013 when a trial court ruled on the first of six cases against him, finding him guilty. It earned him five years in prison, disqualification from Parliament and a ban on contesting election. He was given bail by the SC in December that year.
“The apex court’s verdict would not pose any imminent threat to Prasad… the only thing is that he will have to face trial in the five fodder scam cases still pending against him in different courts across Ranchi and Patna,” said Prasad’s lawyer in Ranchi, Prabhat Kumar, said before the verdict.
“But, the trial court would have to revert to the proceedings that was dropped after the HC’s order in 2014,” Kumar added, saying that the still pending cases against Prasad would take a long time to attain the finality.
“Prasad had secured bail in all these cases hence there is no threat of his being taken into custody,” he clarified.
The CBI in 1996 had booked Prasad in six fodder scam cases related to fraudulent withdrawal of animal husbandry department (AHD) funds from different government treasuries during 1990-1995.
The con was carried out by documents purporting to show fictitious spends on medicines and fodder for cattle.
Monday’s ruling related to a case of fraudulent withdrawal of Rs 90 lakh from Deoghar treasury, involving 27 accused.
The Jharkhand HC had quashed all major sections of the Indian Penal Code (IPC) and the Prevention of Corruption (PC) Act under which Prasad had been convicted during the trial into the Chaibasa treasury case that ended in 2013.
With the Supreme Court’s verdict, Prasad would have to face trial in all the five cases pending against him, Kumar explained.
“If he gets convicted...he would have to file separate appeal-cum-bail petitions in the higher court challenging the conviction.”
Lalu’s contention:
* He has already been convicted in one of the cases and charges levelled against him in all other pending cases were of similar nature.
CBI was banking on the same set of evidences to prove the allegations.
No one should be put on peril twice for the same offence.
Any further prosecution in other pending cases would be barred under Article 20 (2) of the Constitution and also under Section 300 of the Code of Criminal Procedure.
CBI’s argument
All cases registered against Prasad were related with different treasuries and involved fake withdrawal of varied amounts and therefore these cases should not be treated as the same.
Deposition of more than 100 prosecution witnesses were still to be recorded in pending cases and new evidences might surface against Prasad.
