New Delhi, March 23 The Delhi High Court on Monday issued notice to the Central Bureau of Investigation (CBI) on a plea filed by former Bihar Chief Minister Rabri Devi challenging a trial court order denying supply of documents not relied upon by the prosecution in the alleged Railways land-for-jobs corruption case.
After briefly hearing the matter, a single-judge Bench of Justice Manoj Jain sought the response of the CBI and listed the case for further hearing on April 1.
In her plea, Rabri Devi has challenged the order of the trial court, which had refused to grant access to unrelied documents and sought appropriate relief from the Delhi High Court.
The development comes after a Delhi court dismissed applications filed by Rashtriya Janata Dal (RJD) chief Lalu Prasad Yadav, Rabri Devi and other accused seeking the supply of unreleased documents in the case lodged by the CBI.
Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts had rejected separate pleas moved by Lalu Prasad Yadav and Rabri Devi, as well as other accused, under Section 91 of the Code of Criminal Procedure (CrPC), holding that the demand for unrelied documents was “untenable” and contrary to the scheme of criminal trial.
The trial court had observed that unrelied documents cannot be claimed as a matter of right and may only be sought at an appropriate stage of the trial, ordinarily when the defence evidence is led. It further noted that while the accused are entitled to a list of unrelied documents, they cannot seek all such documents at the outset of prosecution evidence without demonstrating their necessity and relevance.
Rejecting the plea seeking all 1,675 unrelied documents, the trial court had observed that such a request would disrupt the trial and invert the statutory scheme. “The prayer appears designed to condemn the trial to a maze at the very outset,” the court had remarked, cautioning that allowing such requests could lead to “unending cross-examination”.
The case pertains to allegations that during his tenure as Railway Minister between 2004 and 2009, Lalu Prasad Yadav abused his official position to facilitate appointments in the Railways in exchange for land parcels transferred to his family members or associated entities.
According to the Central Bureau of Investigation (CBI), candidates or their relatives allegedly transferred land at below-market rates, often through cash transactions, as quid pro quo for jobs in different railway zones.
Lalu Prasad Yadav and his family members have denied the allegations and pleaded not guilty, stating they will contest the case on the merits.
Meanwhile, the Delhi High Court earlier this month issued notice to the CBI on a plea filed by Lalu Prasad Yadav challenging the trial court’s order directing framing of charges in the case.
In January, the trial court framed charges against Lalu Prasad Yadav and several of his family members, observing that they appeared to be operating as part of a “criminal enterprise” allegedly using public employment as a means to acquire immovable properties.
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