Land-for-job scam: CBI opposes Lalu’s petition, says in HC – No role in appointment, hence no need for prior approval
CBI has taken a tough stand in the Delhi High Court on Lalu Prasad Yadav’s plea to cancel the FIR in the land-for-job scam case. The agency said that Lalu had no direct role or public duty in the appointments while he was the Railway Minister. In such a situation, there is no need for prior approval under the Prevention of Corruption Act.
Solicitor General SV Raju, appearing for the CBI, argued before Justice Ravinder Dudeja that the power to take such decisions or recommendations rested with the General Managers. Therefore, there was no need to obtain prior sanction under Section 17A of the Prevention of Corruption Act for action against Lalu, as his conduct could not be considered to be within the scope of the discharge of his official functions or duties.
Solicitor General Raju said the matter is that in the discharge of his official duties or functions, he (Lalu) was not required to make any recommendation or take any decision. Therefore, whatever decision or recommendation was made was not in the discharge of his official duties. Recommendations or decisions could be taken only by general managers. The minister had no role.
He further said that therefore, the Railway Minister had no role in the appointment, in taking the decision of appointment. This was not related to the discharge of his public duties as a Railway Minister. Therefore, Lalu had no role. Additional Solicitor General DP Singh, appearing for the CBI, informed that sanction under Section 17A was duly taken for action against the concerned General Managers.
This land-for-job scam pertains to Group D appointments in the Jabalpur (Madhya Pradesh) zone of West Central Railway. These appointments were made during Lalu Prasad’s tenure as Railway Minister (2004-2009). In return for these appointments, parcels of land were allegedly gifted or transferred in the name of Lalu Prasad’s family or associates.
Senior advocate Kapil Sibal had earlier argued on behalf of Lalu Prasad that the investigation, FIR, investigation and subsequent chargesheet in the case could not be legally sustained as the investigating agency failed to obtain prior approval under Section 17A of the Prevention of Corruption Act.
It was also said in the petition that the FIR was registered in 2022. After a delay of almost 14 years – even though the CBI’s preliminary inquiry and investigation was closed after the closure report was filed before the competent court.
The petition said that starting a new investigation by hiding the previous investigations and their closure reports is an abuse of the process of law. The petitioner is being subjected to an illegal, motivated investigation, which is a clear violation of his fundamental right to a fair trial. It was also said that both the present inquiry and investigation are invalid as both were initiated without the mandatory sanction under Section 17A.
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