CBI pulled up for discriminatory approach
The Central Bureau of Investigation (CBI) yesterday sought issuance of arrest warrant against Bihar Chief Minister Laloo Prasad Yadav and others chargesheeted by it in the fodder scam but the designated court declined the request by refusing to take instant cognizance of the chargesheet itself for want of certain documents.
CBI counsel L K Ansari said some documents were in the case diary and he would make them available to the court at the earliest.
Special judge S K Lal declined to take instant cognizance of the chargesheet in the light of Section 173 of the Criminal Procedure Code (CPC) which requires the prosecution to furnish all the relevant documents or at least extract thererof on which it wishes to rely in the case.
The courts ruling came on CBIs prayer for immediate cognizance of the chargesheet, issuance of summons, arrest warrants and production warrants against the accused, including Laloo Prasad Yadav, in the scam.
The Patna High Court yesterday pulled up the investigating agency for not arresting some of the accused, including politicians.
A division bench of the high court consisting of Justices S N Jha and S J Mukhopadhyay, monitoring investigations into the scam, pulled up the CBI for a discriminatory approach against some of the accused by arresting them in a conspiracy angle case while refraining from arresting the others.
On a submission by CBI counsel, Rakesh Kumar, that some of the accused, including politicians, had not been arrested because of fear of law and order problems, Justice Mukhopadhyay asked, Can you cite one case in the country in which legal action has not been taken for fear of breach of peace? If you fear breakdown of law and order you should write to the Government of India for maintaining law and order or seek the courts intervention to issue necessary directives to the government for the same.
CBI joint director (east), U N Biswas, then submitted to the court that there was no malafide intention on CBIs part in not arresting some of the accused. We will do it when required. Moreover, the day has not ended as yet. The bench also asked as to why the CBI did not file the complete chargesheet leading to refusal on the part of the CBI designated CBI court to take cognizance of the chargesheet. To this, the joint director deposed that the chargesheet was complete and he would take stock of the actual position by CBI counsel L R Ansari and others present at the time of filing the chargesheet.
Ravi Shanker Prasad, the counsel for the petitioner, Sushil Kumar Modi, a BJP MLA and the leader of the opposition, stated before the court that the CBI was adopting double standards in the arrests of key personalities against whom the chargesheet had already been filed in the fodder scam case.
The designated CBI court yesterday refused the anticipatory bail application of former Bihar Chief Minister Jagannath Mishra and the regular bail petition of senior Janata Dal MLA R K Rana in connection with the Rs fodder scam. The court fixed June 30 as the next date for hearing. It also gave time to the CBI to probe into the alleged suicide of Harish Khandelwal, a small time supplier and an accused in the case.
Meanwhile, CBI judge S K Lal turned down the bail petition of Beck Julius, animal husbandry department secretary, (now under suspension) and former director of the same department, Ram Raj Ram.
The CBI judge, in his ruling, maintained that there appeared to be prima facie case against the accused.
