CBI back to haunt Lalu Prasad with fodder case

Published on Nov 20, 2015 01:01 AM IST

Days after his party emerged as the single-largest entity in Bihar assembly trouncing the BJP-led NDA, the CBI has sought to put Lalu Prasad in the dock in a fodder scam case.

Days after his party emerged as the single-largest entity in Bihar assembly trouncing the BJP-led NDA, the CBI has sought to put Lalu Prasad in the dock in a fodder scam case.(Arun Sharma/ HT Photo)
Days after his party emerged as the single-largest entity in Bihar assembly trouncing the BJP-led NDA, the CBI has sought to put Lalu Prasad in the dock in a fodder scam case.(Arun Sharma/ HT Photo)
Hindustan Times | By, New Delhi

Days after his party emerged as the single-largest entity in Bihar assembly trouncing the BJP-led NDA, the CBI has sought to put Lalu Prasad in the dock in a fodder scam case.

The probe agency has requested the Supreme Court (SC) to revive corruption charges against the former Bihar chief minister in one of the several fodder scam cases registered against him and 33 other persons for allegedly withdrawing more than Rs 85 lakh from the Deoghar treasury.

In an affidavit filed in the top court, the CBI asserted Lalu was incorrect in claiming that he could not be prosecuted for corruption in the Deoghar case because he was already convicted of similar charges in the Chaibasa case wherein he allegedly misappropriated Rs 37.70 crore from the treasury in 1994-95.

Lalu was sentenced to a five-year jail term and is currently on bail since December 13, 2013.

But his conviction led to his immediate disqualification from Lok Sabha and he became ineligible to contest polls for 11 years.

CBI has filed an appeal before the SC against the Jharkhand HC’s order discharging Lalu under the Prevention of Corruption Act in the Deoghar case.

Accepting Lalu’s contention, the HC had held he already stood convicted of similar charges in the Chaibasa case. It ruled that if Lalu continued to face prosecution, it would amount to double jeopardy that was impermissible under law.

But, the HC had ordered continuation of proceedings against him under the IPC sections – for giving false information to cause disappearance and attempting to commit offences punishable with life imprisonment.

The CBI told the top court that the HC overlooked the main idea of criminal conspiracy and that the two cases were distinguishable.

The HC erred in breaking the chain of events, the CBI added.

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  • ABOUT THE AUTHOR

    Bhadra is a legal correspondent and reports Supreme Court proceedings, besides writing on legal issues. A law graduate, Bhadra has extensively covered trial of high-profile criminal cases. She has had a short stint as a crime reporter too.

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