New Delhi, July 18 The Supreme Court on Friday refused to entertain a plea filed by Rashtriya Janata Dal (RJD) leader Lalu Prasad seeking a stay on the proceedings of the trial court in the land-for-job case.
Lalu has moved a special leave petition (SLP) before the Apex Court after the Delhi High Court rejected his application to stay the trial proceedings based on the charge sheets filed against him under the Prevention of Corruption Act.
A Bench of Justices M. M. Sundresh and N. Kotiswar Singh opined that the Top Court would not keep such a small matter for its consideration and let the Delhi High Court decide Lalu's plea to quash the FIR lodged by the Central Bureau of Investigation (CBI).
In his application filed before the Delhi HC, the former Railway Minister contended that no police officer can conduct any investigation into the offence allegedly committed by a public servant where the offence is related to any recommendation made or decision taken in discharge of his public functions without approval of the competent authority.
Lalu argued that the registration of the FIR without approval was illegal and all consequential actions, including investigation, filing of charge sheets and passing of cognisance orders, would be void ab initio (from the beginning).
After hearing the submissions, the Delhi High Court granted liberty to Lalu to urge all his contentions before the trial court at the stage of consideration of the charge and dismissed his plea seeking a stay on trial proceedings in the case.
The CBI had registered the case on May 18, 2022, against Lalu and 15 others, including his wife, two daughters and unidentified public servants and private persons.
Subsequently, the CBI had filed the charge sheet against 16 persons, including Rabri Devi and her daughter.
As per the CBI, during the period 2004-2009, Lalu (then Railway Minister) had obtained pecuniary advantages in the form of transfer of landed property in the name of his family members in lieu of appointment of substitutes in Group 'D' posts in different Zones of the Railways.
A number of residents of Patna themselves or through their family members sold and gifted their land in favour of the family members of Lalu Prasad and a private company controlled by him and his family.
"No advertisement or any public notice was issued for such appointment of substitutes in Zonal Railways, yet the appointees, who were residents of Patna, were appointed as substitutes in different Zonal Railways located in Mumbai, Jabalpur, Kolkata, Jaipur and Hajipur," the CBI had said.
In the same case, the Enforcement Directorate (ED) had attached assets worth more than Rs 6 crore belonging to Lalu's family -- his wife Rabri Devi and daughter Misa Bharti -- and linked companies as part of its money laundering investigation against them in the case.
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