Patna, March. 22 (PTI):
The CBI today challenged the Bihar government's right to appeal against the acquittal of Railway Minister Lalu Prasad and his wife Rabri Devi in a disproportionate assets case, an off-shoot of the multi-crore rupee fodder scam.
Arguing on behalf of the CBI, which had recently decided not to appeal against the December 18 acquittal of the high-profile couple, Additional Solicitor General Gopal Subramaniam told the Patna High Court bench of Justice R K Dutta that under the Delhi Police Establishment Act, the CBI alone was empowered to appeal against the acquittal of the accused in cases probed by it.
Referring to sections (5) and (6) of the Delhi Police Establishment Act, by which the Central investigating agency is governed, Subramaniam said the CBI probed only those cases in which an investigation has been sought by the state government or for which a court has issued a direction.
"Since investigation in this case was done on the directive of a bench of the Patna High Court monitoring the probe of the fodder scam cases, the state government could not not have gone in appeal against the acquittal. Hence, the state's petition challenging the appeal should not not be entertained," he argued.
To buttress his argument, the Additional Solicitor General said "since the state government was not not involved in the investigation as it had not sought the probe, which was conducted on the instruction of the High Court, it is only the CBI that could have filed an appeal against the acquittal."
Arguing on behalf of the CBI, which had recently decided not to appeal against the December 18 acquittal of the high-profile couple, Additional Solicitor General Gopal Subramaniam told the Patna High Court bench of Justice R K Dutta that under the Delhi Police Establishment Act, the CBI alone was empowered to appeal against the acquittal of the accused in cases probed by it.
Referring to sections (5) and (6) of the Delhi Police Establishment Act, by which the Central investigating agency is governed, Subramaniam said the CBI probed only those cases in which an investigation has been sought by the state government or for which a court has issued a direction.
"Since investigation in this case was done on the directive of a bench of the Patna High Court monitoring the probe of the fodder scam cases, the state government could not not have gone in appeal against the acquittal. Hence, the state's petition challenging the appeal should not not be entertained," he argued.
To buttress his argument, the Additional Solicitor General said "since the state government was not not involved in the investigation as it had not sought the probe, which was conducted on the instruction of the High Court, it is only the CBI that could have filed an appeal against the acquittal."
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