CBI backs Lalu Yadav in DA case in SC

New Delhi: CBI on Wednesday stood by RJD Chief Lalu Prasad Yadav, who has parted ways with the UPA Government, in the Supreme Court by opposing the decision of the Nitish Kumar government in Bihar to challenge his acquittal in a disproportionate assets case.

Prasad and his wife's stand that Bihar government has no locus standi to appeal against their acquittal was supported by CBI which said the right to file an appeal lies with the agency which probed and prosecuted the case.

"The case was investigated and prosecuted by CBI and it is for the Centre and not for state government to take a decision to file an appeal in the case of acquittal," senior advocate A Mariarputham, appearing for the agency, submitted before a Bench headed by Chief Justice K G Balakrishnan.

Bihar Government's submission evoked sharp reactions from the Bench which wanted to know how in a case, which is investigated by CBI, the state government can come in the picture to file am appeal against the acquittal.

The Bench reserved the verdict on the petition filed by RJD Chief and his wife challenging the Patna High Court's decision to admit the state's appeal against their acquittal in the case.

Senior advocate Ram Jethmalani, appearing for the couple, expressed his apprehension that since Prasad has moved out of the UPA government, CBI may also change its stand.

"Now that Lalu Prasad has fallen from power, I hope the Central government has not changed its mind," he said before the Bench, also comprising Justices R M Lodha and B S Chauhan.

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When Prasad and his wife had challenged in the apex court the Nitish Kumar government's decision to file appeal in the High Court, CBI had joined them.

CBI questioned the state government's competence to file an appeal under section 378 of CrPC for an order of acquittal when the case was investigated by it.

However, senior advocate L Nageshwar Rao, appearing for Bihar government, contended it has the power to file appeal against the acquittal irrespective of the fact that the case was probed and prosecuted by CBI as the crime was committed in

the state.

He said section 378 (2) of CrPC only gives additional power to the Centre to decide on the question of appeal in the cases which are investigated by CBI.

"Under section 378 (2), additional power is conferred on the Centre and that does not mean that the general power of appeal of state government is taken away," he submitted while supporting the High Court decision admitting the appeal of Bihar government against the acquittal of the RJD Chief and his wife in the case.

"Your (state government's) prosecutor is not in-charge of this case. Can any state government file appeal in such cases?"

To this, Rao said it was a case which was not transferred outside the state and contended how can the state government lose the relevance or control over the prosecution of the case on account of being prosecuted by the CBI.

Lalu Yadav was acquitted by a Patna court on charges of amassing disproportionate assets worth Rs 43 lakh in a fodder scam. Nitish Kumar has challenged his acquittal in the High Court.