3 Mar, 2007
NEW DELHI: The Centre has decided to bail out railway minister Lalu Prasad in the disproportionate assets (DA) case with the law ministry advising CBI not to appeal against the designated court order acquitting the RJD supremo and his wife Rabri Devi. According to sources, the law ministry has argued that proving DA cases has always been a tough proposition. Moreover, in this case, Lalu has also fortified his defence by securing an acquittal. The sources said that the advice would be sent to the CBI shortly. The agency has time till March 16 to file an appeal against the acquittal by the CBI designated court in Patna which came on December 18 last year. The decision of the law ministry is, however, not going to give complete relief to the railway minister as the Bihar government has already moved the Patna High Court, challenging Prasad's acquittal in the lower court. The CBI officials are nevertheless worried about the state government's move in filing the appeal on February 19. The HC has fixed March 20 as the next date of hearing when the agency will have to take the side of the state government. After dilly-dallying for nearly two months, the CBI had approached the law ministry for the required permission in mid-February. Sources in the CBI, who claimed the DA case against Lalu was a strong one, said that even if the agency does not get the required permission from the Centre, it will have to appear in the HC under the existing law in the DA case, whose trial continued for seven years. As per the Delhi Special Police Establishment Act, which governs CBI, it is mandatory for the agency to seek clearance from the law ministry before going in for an appeal against any judgment. But the Bihar government, while making the appeal, cited Section 378 of CrPC saying the state government is empowered to file an appeal against any acquittal order even in cases investigated by the CBI or any central agency. Prasad was accused by the CBI of amassing property worth Rs 46 lakh over his known sources of income between 1990 and 1997 during his tenure as Bihar chief minister, while his wife was charged with abetting him in the alleged crime. The case was an offshoot of Bihar's fodder scam. The railway minister is, incidentally, still facing six cases in connection with the multi-crore fodder scam.
NEW DELHI: The Centre has decided to bail out railway minister Lalu Prasad in the disproportionate assets (DA) case with the law ministry advising CBI not to appeal against the designated court order acquitting the RJD supremo and his wife Rabri Devi. According to sources, the law ministry has argued that proving DA cases has always been a tough proposition. Moreover, in this case, Lalu has also fortified his defence by securing an acquittal. The sources said that the advice would be sent to the CBI shortly. The agency has time till March 16 to file an appeal against the acquittal by the CBI designated court in Patna which came on December 18 last year. The decision of the law ministry is, however, not going to give complete relief to the railway minister as the Bihar government has already moved the Patna High Court, challenging Prasad's acquittal in the lower court. The CBI officials are nevertheless worried about the state government's move in filing the appeal on February 19. The HC has fixed March 20 as the next date of hearing when the agency will have to take the side of the state government. After dilly-dallying for nearly two months, the CBI had approached the law ministry for the required permission in mid-February. Sources in the CBI, who claimed the DA case against Lalu was a strong one, said that even if the agency does not get the required permission from the Centre, it will have to appear in the HC under the existing law in the DA case, whose trial continued for seven years. As per the Delhi Special Police Establishment Act, which governs CBI, it is mandatory for the agency to seek clearance from the law ministry before going in for an appeal against any judgment. But the Bihar government, while making the appeal, cited Section 378 of CrPC saying the state government is empowered to file an appeal against any acquittal order even in cases investigated by the CBI or any central agency. Prasad was accused by the CBI of amassing property worth Rs 46 lakh over his known sources of income between 1990 and 1997 during his tenure as Bihar chief minister, while his wife was charged with abetting him in the alleged crime. The case was an offshoot of Bihar's fodder scam. The railway minister is, incidentally, still facing six cases in connection with the multi-crore fodder scam.
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