Supreme Court Ac­cepts CBI Plea, Re­fuses To Re­move Lalu Prasad’s Charges

Libertatem Magazine - - The Courtroom - By Swar­nalee Hal­dar

Case - State of Jhark­hand through SP, CBI v. Lalu Prasad

Facts

Three sep­a­rate judg­ments had been de­liv­ered ac­quit­ting 3 per­sons namely; Lalu Prasad Ya­dav, Sa­jal Chakraborty, and Dr. Ja­gan­nath Mishra on the ground of their con­vic­tion in one of the crim­i­nal cases aris­ing out of fod­der scam of erst­while State of Bi­har. The Ap­peal has arisen out of the three sep­a­rate judg­ments. In the wake of large scale de­fal­ca­tion of pub­lic funds, fraud­u­lent trans­ac­tions and fab­ri­ca­tion of ac­counts in An­i­mal Hus­bandry De­part­ment of State of Bi­har pop­u­larly known as fod­der scam, Cen­tral Bureau of In­ves­ti­ga­tion (for short, ‘the CBI’) had been or­dered by the to in­ves­ti­gate cor­rup­tion in pub­lic administration, mis­con­duct by the bu­reau­cracy, fab­ri­ca­tion of of­fi­cial records, mis­ap­pro­pri­a­tion of pub­lic funds by an in­de­pen­dent agency. Lalu Prasad Ya­dav was pros­e­cuted and con­victed in RC No.20 (A)/96 with re­spect to afore­said pe­riod 1.4.1994 to 31.1.1995 re­lat­ing to Chaibasa trea­sury. The charges had been framed for com­mis­sion of of­fence of crim­i­nal con­spir­acy pun­ish­able un­der sec­tion 120B read with sec­tions 409, 420, 467, 468, 471, 477, 477A of the In­dian Pe­nal Code, 1860 (for short, ‘the IPC’) and sec­tion 13(1)(c) read with sec­tion 13(2) of the Prevention of Cor­rup­tion Act, 1988 (for short ‘the PC Act’) where de­fal­ca­tion/gen­eral con­spir­acy was al­leged be­tween 1988 and 1996 and in­cluded var­i­ous trea­suries of erst­while State Bi­har. In the case against Dr. Ja­gan­nath Mishra he has been con­victed in RC NO.20(A)/96 with re­spect to Chaibasa trea­sury in re­spect of mis­ap­pro­pri­a­tion of Rs.37.70 crores for the pe­riod 199495 whereas the pros­e­cu­tion has been quashed with re­spect to RC NO.38(A)/96 re­lat­ing to mis­ap­pro­pri­a­tion of Rs.3.76 crores from Dumka trea­sury as against ac­tual al­lot­ment of Rs.1.5 lakhs with the help of 96 fake vouch­ers in the fi­nan­cial year 1995-96. Sa­jal Chakraborty had been con­victed by Trial Court in RC NO.51(A)/96 re­lat­ing to Chaibasa trea­sury re­gard­ing Rs.39.92 crores mis­ap­pro­pri­a­tion against ac­tual al­lot­ment of Rs.4,09,750/- with the help of 580 vouch­ers, 4789 fake sup­ply or­ders for the fi­nan­cial year 1993-94 on 14.7.2008 but ac­quit­ted by the High Court in ap­peal. The pros­e­cu­tion has been quashed vis a vis Sa­jal Chakraborty in RC NO.20(A)/96 re­lat­ing to Chaibasa Trea­sury and RC NO.68(A)/96 re­lat­ing to Chaibasa Trea­sury for mis­ap­pro­pri­a­tion of Rs.37.62 crores dur­ing the fi­nan­cial year 1992-93

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