M A I N   N E W S

SC relief to Lalu in fodder scam
R Sedhuraman/Legal Correspondent

New Delhi, April 1
In a verdict that has far-reaching legal and political ramifications, the Supreme Court today gave a major relief to RJD chief Lalu Prasad by ruling that the JD(U)-BJP-ruled Bihar government was not competent to appeal against the acquittal of Lalu and his wife Rabri Devi by the trial court in a corruption case relating to the fodder scam.

The Centre was the sole authority to decide whether to appeal against acquittals under Section 378 CrPC in corruption cases investigated by the CBI or any other Central agency, a three-member Bench headed by Chief Justice KG Balakrishnan ruled. Justices RM Lodha, who wrote the judgment, and BS Chauhan were the other members.

The Bench, however, made it clear that it had not gone into another contention that the Centre had the final say under Article 162 of the Constitution in cases where there was a dispute with the state concerned over the power to appeal in such cases.

The CBI had booked Lalu and his wife under the Prevention of Corruption Act, 1988 for amassing unaccounted assets worth Rs 46 lakh when he was Chief Minister from 1990-97. The couple was, however, acquitted by the CBI court, Patna, on December 18, 2006. The CBI and the Centre decided against challenging the acquittal, but the Bihar government filed an appeal in the HC.

Lalu and Rabri came to the SC, challenging the HC ruling. Significantly, another Bench of the apex court had earlier ruled that the role of the PIL petitioner, Rajiv Ranjan Singh who had taken the initiative against Lalu, had ended once the investigation was handed over to the CBI.