Kolkata, Oct 26 Former CBI investigator Upendra Nath Biswas, who played a key role in the conviction of former Bihar Chief Minister Lalu Prasad Yadav in the fodder scam case, on Sunday criticised the "loopholes" in the system that allow a jailed convict to move around freely after getting bail on health grounds.
The 84-year-old retired Indian Police Service (IPS) officer, in an exclusive interview with IANS, sounded sore when asked about Lalu's participation in political activities despite being sentenced to imprisonment.
"Our system is not foolproof. As per the law, Lalu is still in jail, and he has been granted bail due to poor health. He has been given a certificate by doctors stating that he should not be kept in prison. He is sick and needs to be treated every day," said Biswas.
The former CBI Joint Director's remarks, ahead of the Bihar Assembly elections on November 6 and 11, come at a time when the Rashtriya Janata Dal President's party is campaigning vigorously to return to power after decades of political setbacks that began with his arrest by the federal probe agency and conviction in the Rs 950 crore fodder scam case of the mid-1990s.
Biswas expressed helplessness over Lalu moving around freely, virtually undoing his CBI team's hard work to secure his conviction and sentencing in over half a dozen fodder scam cases.
"This is our law. If you are sick and given bail for sickness, in the process, you are free... For all practical purposes, Lalu is a free man," he said, adding that technically, Lalu is still in jail and serving a prison sentence.
However, Biswas draws satisfaction from the fact that the CBI's probe and Lalu's conviction have rendered the former Bihar Chief Minister "ineligible to contest an election for the rest of his life".
Biswas also takes pride in the fact that all 74-75 cases filed by CBI in connection with the fodder scam resulted in convictions. "This is a world record," he said.
The Fodder Scam unfolded during 1990-91 and 1995-96. As part of it, the then Bihar Animal Husbandry Department officials, in conspiracy with unscrupulous suppliers and others, withdrew and misappropriated hundreds of crores of rupees under the pretext of making payment to the suppliers, who submitted spurious/bogus bills falsely showing supply of feed, fodder and veterinary medicines.
It was further alleged that the government funds, so withdrawn, were eventually misappropriated. During the investigation, the roles of bureaucrats, politicians, including the then Chief Minister Lalu Prasad Yadav, and others came to the fore.
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