SC judge approached in fodder scam case

Yesterday someone contacted me: Justice Variava

It first happened with Justice JS Verma in the hawala case hearings. It happened again today.

A Supreme Court Bench caused a flutter today by disclosing that it had been appro-ached by "someone from the high court" at Patna for changing the trial judge hearing the multi-crore rupees fodder scam case against Railway Minister Lalu Prasad.

Justice SN Variava, heading a three-judge Bench comprising Justice AR Lakshmanan and Justice SH Kapadia, said: "Yesterday someone contacted me from the high court and indirectly wanted to know whether the trial judge can be changed". Justice Variava's remarks were casually made, though they sent a murmur through the court.

Senior advocate Mukul Rohtagi, appearing for petitioner MPs ""Rajiv Ranjan and Sushil Modi ""who had sought cancellation of the bails granted to Prasad in the fodder scam case and former Bihar Chief Minister Rabri Devi in the disproportionate assets case, said he had expressed apprehension during the last hearing that the trial judge might be changed.

The gameplan was "to promote him and shift him out" as political heavyweights were involved in the fodder scam and disproportionate assets cases, he said.

Justice Variava said: "Now it will not happen". This view was echoed by Solicitor-General GE Vahanvati, who appeared for the Central Bureau of Investigation (CBI). The earlier prosecutor would continue, he said.

Meanwhile, the president of the Income-Tax Appellate Authority (ITAT) at Patna, which is accused of hurriedly dismissing the income-tax department's claims of nearly Rs 40 lakh against Prasad and Rabri Devi, filed its reply. The court, which also received the reply of the CBI in the matter, adjourned the hearing to April 12.

In the wake of allegations that the United Progressive Alliance government was trying to "dilute" the fodder scam and income-tax cases against Prasad and Rabri Devi, the Supreme Court had on February 22 sought "every possible" detail of proceedings in these cases.

It had also directed the CBI to place on record how and why the longstanding public prosecutor in the Rs 900 crore fodder scam cases at Patna and Ranchi was replaced with OS Mishra.

On the allegations that "specific officers" were posted on deputation at the Income-Tax Appellate Tribunal at Patna to dismiss income-tax demand of nearly Rs 40 lakh from Rabri Devi and Prasad, the Bench had asked the tribunal president to give details in sealed cover within three weeks why such deputation was made and also the daily order sheets of the tribunal in the cases.

The Bench wanted to know whether RK Tyagi was sent on deputation for two weeks to the Income-Tax Appellate Tribunal at Patna and also "why and when" the other two officers "" Mohan Raj and MK Sarkar"" were posted at the tribunal.

The public interest litigation filed by BJP leader Sushil Kumar Modi and Rajiv Ranjan (Janata Dal-United) had sought cancellation of the bail of Prasad and Rabri Devi for interfering in the fodder scam and disproportionate assets cases against them.

Meanwhile, the RJD today favoured a thorough probe to find out who "approached" a Supreme Court judge seeking change of a fodder scam trial judge and said this alone could clear the "confusion".

"Nobody influences judges. They are appointed independently. The issue has been raked up just to create confusion. We will see who called up whom," senior RJD leader Raghuvansh Prasad Singh said.