New Delhi, March 15
A Supreme Court Bench, headed by Mr Justice S.N. Variava, today took a serious view of somebody ‘approaching’ him about changing the Special Judge in Patna, holding trial in the fodder scam case involving Railway Minister Laloo Prasad Yadav and in a disproportionate assets (DA) case faced by him jointly with wife and former Chief Minister Rabri Devi.

In a revelation that stunned the jampacked courtroom, Mr Justice Variava said, “Someone from the Patna High Court approached me wanting to know whether the judge (of the trial court) can be replaced.”

The Bench was hearing a petition, filed last year, seeking cancellation of the bail of Laloo Prasad and Rabri Devi for alleged interference by them in the trial proceedings before Patna Special Judge Yogendra Prasad by getting the CBI Public Prosecutor changed and appointing a prosecutor of their choice.

Today’s revelation by the Bench indicated towards a move to change the Special Judge.

The petition, filed by JD (U) MP Rajiv Ranjan Singh “Lallan” and BJP MP Sushil Modi, the original complainants in the Rs 950-crore fodder scam, had also alleged that Laloo Prasad had used his influence to get Income Tax Act violation case, an offshoot of the fodder scam, disposed of by a team of officials deputed from Delhi in June last year.

As petitioner’s counsel Mukul Rohtagi said he had already expressed the apprehension about a move to divest the Special Judge of the charge of fodder scam cases and his information was that there “is a move to promote him and shift him away” due to the involvement of “political heavyweights”, the Bench having Mr Justice A.R. Lakshmanan and Mr Justice S.H. Kapadia as the other two judges, assured him that it would not be allowed to happen.

“Now it will not happen,” observed the Bench even as Solicitor-General G.E. Vahanvati, appearing for the CBI said there was no move to change the Special Judge.

The court adjourned the hearing in the case to April 12.

The apex court on February 22 had sought complete records from the CBI and the Income Tax Appellate Tribunal (ITAT) to determine under what circumstances Public Prosecutor L.R. Ansari, who had been conducting trial in the fodder scam for the past five years, was replaced with a former Delhi Police Legal Adviser Oma Shankar Mishra with ‘very little experience’ in prosecution matters as a new lawyer and about the disposal of the income tax case against the husband-wife duo.

Ansari was replaced midway after he had examined 132 prosecution and 93 defence witnesses.