CBI has taken U-turn in Lalu DA case: Bihar Govt in SC

An affidavit filed by the Nitish Kumar Government in the Supreme Court on Thursday says this is evident from the fact that the agency did not appeal against their acquittal in the fodder scam case. It has also alleged that the CBI, which had chargesheeted them after investigation, desisted from challenging the trial court verdict because of the preeminent position occupied by the former Bihar chief minister and Rashtriya Janata Dal (RJD) chief in the Union Government. The Bihar Government was responding to the petitions filed by Lalu, Rabri and the CBI questioning its locus standi in filing an appeal against their acquittal in the case by the trial court.

On its part, the CBI, in its SLP, has raised the question of whether the state Government has any competence to file an appeal under Section 378 of the CrPC from an order of acquittal when the case has been investigated by it.

“It (not appealing) does create an impression that by virtue of the present position of Lalu Prasad in the Central Government, the CBI has chosen not to file the appeal on extraneous consideration,” the affidavit reads.

While the CBI chose not to challenge the acquittal order, the Nitish Government moved the Patna High Court against the trial court’s verdict.

“The CBI has chosen to oppose the Government appeal under extraneous circumstances, otherwise an agency which investigated the offence, found prima facie material for submission of chargesheet and conducted the prosecution is not expected to take a complete U-turn and question the bonafide of its appeal which if allowed would stand to establish the credibility of the CBI,” the affidavit said.

The state has also opposed the contention that it has no locus standi to file an appeal as the case was probed by the CBI. “It does not, however, remotely or even faintly suggest that merely because the investigation has been done by the CBI, the state is denuded of its authority to file an appeal against the judgement of acquittal,” the affidavit says, adding that even the High Court has held that the appeal was maintainable. While admitting the Bihar Government’s appeal on March 20, the High Court had said, “It appears that the CBI court has solely relied on Income Tax Appellate Tribunal (ITAT) order exonerating the respondents.”