The Supreme Court on Wednesday dismissed the petitions filed by Railway Minister Lalu Prasad, his wife Rabri Devi and former Punjab Chief Minister Parkash Singh Badal, challenging the grant of sanction to prosecute them in corruption cases.
However, in the case of former Kerala Chief Minister K Karunakaran, the apex court referred the matter to the high court and directed that the matter be decided within three months while asking the parties to place the relevant material before it to decide whether there was any malafide intention to prosecute him in the Palmoline oil import case.
RJD chief Lalu Prasad and his wife Rabri Devi had challenged the grant of sanction to prosecute them during the brief tenure of Nitish Kumar as chief minister of Bihar in the disproportionate assets case, an offshoot of the multi-crore fodder scam.
While discussing the pleas of Badal, his son Sukhbir Singh Badal and former Punjab Deputy Chief Minister Rajender Kaur Bhattal, a Bench comprising Justice Arijit Parsayat and Justice SH Kapadia said the trial will continue against them.
The court said the allegation that the chargesheet against them was fake, was "untenable". In the case of Karunakaran, the court said the special feature needed to be considered in his case as on November 24, 2005 was that the chief secretary of Kerala had filed an affidavit seeking to withdraw the prosecution.
{{/usCountry}}The court said the allegation that the chargesheet against them was fake, was "untenable". In the case of Karunakaran, the court said the special feature needed to be considered in his case as on November 24, 2005 was that the chief secretary of Kerala had filed an affidavit seeking to withdraw the prosecution.
{{/usCountry}}However, when the new government came, the state filed an affidavit deciding to go ahead with the prosecution of Karunakaran in oil import case.
The bench said since this aspect was not before the high court, "We permit the party to place the material before it to decide on the plea of mala fide within three months" and disposed off his petition.