Fodder case: No SC order on judge's transfer

The Supreme Court today said it would be difficult to interfere in the Patna High Court's decision to transfer a CBI judge, who was trying the disproportionate assets cases arising from fodder scam against Railway Minister Lalu Prasad and former Bihar Chief Minister Rabri Devi.

Refusing to pass any interim orders on the petition filed by Janata Dal (U) MP Rajiv Ranjan Singh, an apex court Bench comprising Justice DM Dharmadhikari and Justice SH Kapadia ordered its listing in the normal course after the vacation.

The petitioner has already challenged in the Supreme Court the quashing of income tax demand cases against Prasad and Rabri Devi and had alleged that the railway minister was interfering in the trial of fodder scam cases against him.

Appearing for the petitioner, senior advocate Mukul Rohtagi said during the hearing of the earlier petition, he had been expressing the apprehension that the judge trying the disproportionate assets case would be transferred resulting in the de novo trial of the case.

But the Bench said it had come to its notice that the judge was being transferred on promotion. "If that is the case, how can he be prevented from taking promotion and how could the apex court interfere in the administrative decision of the high court to promote him," it said.

Before the summer vacation, the apex court had directed the CBDT to submit all relevant material for the purpose of scrutiny as to how an income tax appellate tribunal quashed all it demands against Prasad and Rabri Devi in a "hurried" manner.

Meanwhile, diluting the governor's claim of having "evidence" of the NDA's "horse-trading" to form a government in Bihar, the Centre has filed an affidavit in the apex court saying there was a "strong apprehension" in this regard that led to dissolution of the Assembly.