The Delhi High Court rejected a plea filed by former RJD chief Lalu Prasad Yadav seeking to quash the corruption case linked to the alleged land-for-jobs scam registered by the Central Bureau of Investigation.
Justice Ravinder Dudeja declined to set aside the CBI FIR, three chargesheets, and the trial court’s orders taking cognizance of the chargesheets, observing that the plea lacked merit and therefore dismissing it.
In May last year, the judge declined to halt the trial, stating that there were no sufficient grounds to stay the proceedings before the trial court. Yadav had argued that the investigation was initiated without the mandatory sanction required under Section 17A of the Prevention of Corruption Act, 1988.
He further contended that this alleged procedural violation was overlooked by the special judge.
Yadav argued that he is being subjected to an “illegal, motivated investigation” in clear violation of his fundamental right to a fair investigation.
“Without such approval, any enquiry/inquiry/investigation undertaken would devoid ob initio. Section 17A of the PC Act provides a filter from vexatious litigation. The present scenario of regime revenge and political vendetta is exactly what Section 17A seeks to restrict by protecting innocent persons. The initiation of investigation without such approval vitiates the entire proceedings since inception and the same is a jurisdictional error,” the plea said, as per the Live Law.
It further stated that the initiation of the preliminary inquiry and the registration of the FIR were prohibited under Section 17A of the Prevention of Corruption Act, 1988, as the matter involved public servants. The plea added that, as a result, the filing of charge sheets, the orders taking cognizance, and all subsequent proceedings should be rendered invalid.
The Central Bureau of Investigation had filed a charge sheet in the case on October 10, 2022, naming 16 accused persons, including Lalu Prasad Yadav, his wife Rabri Devi, daughter Misa Bharti, and others.
According to the agency, several residents of Bihar were appointed to Group-D positions as substitutes between 2004 and 2009 across various railway zones, including Mumbai, Jabalpur, Kolkata, Jaipur, and Hajipur.
It was alleged that, in return, the individuals or their families transferred their land to members of then Union Railway Minister Lalu Prasad Yadav’s family and to a company, M/s AK Infosystems Private Limited, which was later taken over by his family members.
The Central Bureau of Investigation also contended that these railway appointments were made in violation of the established rules and guidelines for recruitment set by the Indian Railways.
