New Delhi, Nov 26 A Delhi court on Wednesday sought the response of the Central Bureau of Investigation (CBI) on a plea filed by former Bihar Chief Minister Rabri Devi seeking transfer of the IRCTC scam case from the court of Special Judge Vishal Gogne to any other judge.
Principal District and Sessions Judge- cum- Special Judge (PC Act) at the Rouse Avenue Courts issued notice to the CBI and directed the agency to file its reply by December 6.
Rabri Devi has moved applications seeking transfer of four cases pending before Special Judge Gogne - the IRCTC scam case, the cash-for-jobs case, and the related money laundering proceedings being pursued by the Enforcement Directorate (ED).
However, notice was issued on Wednesday only in the IRCTC scam case, as Principal District and Sessions Judge Dinesh Bhatt observed that necessary parties had not been impleaded in the transfer pleas pertaining to the remaining three matters, namely, quid pro quo land transfers, and money laundering cases involving RJD supremo Lalu Prasad Yadav, Rabri Devi, Tejashwi Yadav, and others.
In her plea, Rabri Devi alleged bias on the part of Special Judge Gogne, claiming that his conduct during hearings has created a "reasonable apprehension of bias" in her mind.
"The conduct of the Ld. Special Judge, on various occasions during the course of proceedings in all the above-mentioned cases, appears to be unduly inclined towards the prosecution and bias, which can be seen from a number of instances of the case proceedings/orders itself," the transfer plea stated, adding that the apprehension was not based on "speculations or imagination" but on specific instances which have occurred during proceedings of the cases.
She has therefore sought that the matters be transferred "in the interest of justice, equity and fair play".
On October 13, Judge Gogne had ordered framing of charges under Sections 420 and 120B of the Indian Penal Code and provisions of the Prevention of Corruption Act in the IRCTC hotel scam case, paving the way for trial.
According to the CBI, the alleged scam took place between 2004 and 2009, when Lalu Prasad served as Union Railway Minister, and involved leasing out IRCTC hotels in violation of norms in exchange for prime land in Patna allegedly transferred to his family members or entities linked to them.
In the separate cash-for-jobs case, the CBI claims that individuals seeking Group D posts in the Railways transferred land to Lalu Prasad's family or benami companies in exchange for employment.
The ED is also prosecuting the family under the Prevention of Money Laundering Act (PMLA) for alleged laundering of the proceeds of these transactions.
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