In less than a month after he rose like a phoenix in the Bihar assembly elections, Lalu Prasad will now be busy fighting his legal battle. All eyes will be riveted on the Supreme Court which, on December 1, is likely to hear a CBI plea challenging a Ranchi High Court order giving partial relief to Lalu in a fodder scam case (No. 64(A)/96).
Lalu, who, after his conviction in the fodder scam case (No. RC/20 (A)/96), is on bail, prayed before the high court that he had been charged as an accused in five cases. Invoking the doctrine of natural justice, he said a person convicted in one case could not be tried in similar cases based on the same witnesses and evidence. Quoting Article 20(2) of the Constitution and relevant sections of the Criminal Procedure Code (CrPC), Lalu’s lawyer contended that no one should be punished twice for the same offence.
Though the CBI challenged his contention, the high court saw merit in the RJD chief’s argument and last year quashed major sections under which Lalu was booked in RC/64(A)/96 case. The premium investigating agency then challenged the High Court order in the apex court which is likely to take up the matter on Tuesday.
The Cases
Lalu was accused in five fodder scam cases involving fraudulent withdrawal of funds to the tune of several hundred crores from different government treasuries between 1990-95 in undivided Bihar. In October 2013, the CBI court convicted him in fodder scam case (No. RC/20 A/96, pertaining to fraudulent withdrawal of Rs 37.7 crore from the Chaibasa treasury) and sent him to the Birsa Munda jail in Ranchi. Lalu was also debarred from contesting election for six years.
The CBI judge PK Singh, while pronouncing Lalu guilty, charged him under Sections 420, 465, 468, 471, 120B/34 of the Indian Penal Code (IPC) and 13 (1/B) of the Prevention of Corruption Act.
In 2014, after getting bail from the Supreme Court, Lalu moved the Ranchi High Court a day after the High Court quashed four fodder scam cases against former Bihar Chief Minister Dr Jagannath Mishra on the ground that a person convicted in one case could not be tried in similar cases based on the same witnesses and evidences. Lalu argued that he too be meted out similar treatment.
Will Supreme Court Give Relief?
It may be noted that both Mishra and Lalu were accused in five fodder scam cases in which the two former CMs were convicted by the CBI court in September 2013 and lodged in Ranchi jail.
Mishra moved the Jharkhand High Court pleading that his involvement in RC 20A/96 was same as that of other four cases (which were related to withdrawal of money from Chaibasa, Deoghar, Doranda and Dumka treasuries). Though the CBI opposed Mishra’s petition, the High Court judge observed that Mishra’s conviction in one case was enough punitive measure. The court then quashed the remaining four other fodder scam cases against Mishra arguing that “the other cases did not separate the ingredients from the case he has already been convicted in… and further prosecution in these cases would be abuse of process of law.”
The reprieve granted to Mishra gave some hope to Lalu. His lawyers argued that Lalu too should not be tried in the remaining four cases --RC/64A/96, RC/47A/96, RC/68A/96 and RC/38A/96 – as the CBI had put up the same set of witnesses and evidence against him in those cases as well.
After hearing Lalu, the high court in November 2014 gave him partial relief in RC/64 (A)/96. This was challenged by the CBI in the Supreme Court. In lieu of this development, the high court deferred hearing Lalu’s other petitions (for relief in remaining cases) till the Supreme Court takes a decision on CBI plea on December 1.
(The writer is a Bihar-based journalist)
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