SC to hear Lalus plea against Bihar govt stand in DA case

The Supreme Court will hear a petition filed by RJD chief Lalu Prasad and his wife Rabri Devi challenging the Patna High Courts decision to admit the states appeal against their acquittal in a disproportionate assets case.

The Supreme Court will hear tomorrow a petition filed by RJD chief Lalu Prasad and his wife Rabri Devi challenging the Patna High Courts decision to admit the states appeal against their acquittal in a disproportionate assets case,an offshoot of the multi-crore fodder scam.

The matter is listed for hearing before a Bench headed by Chief Justice K G Balakrishnan.

The apex court had on May 9,2008 issued a notice to Bihar government on the appeal filed by Prasad and his wife.

CBI had also challenged the Bihar governments move in the apex court to file an appeal in the High Court against their acquittal in the case.

The Bihar government had moved the High Court against the trial court verdict after finding that CBI was not challenging the acquittal of Prasad and his wife in the case.

Questioning the move of Bihar government,CBI,in its petition,maintained that the Nitish Kumar government has no locus standi to file an appeal as the case was investigated by it and the state government cannot act contrary to the executive decision of the Centre.

Lalu Prasad and his wife have also taken a similar stand.

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When the notice was issued in the matter,the apex court bench,headed by Chief Justice K G Balakrishnan,had also wanted to know how the state government has come into picture when the case was investigated and prosecuted by the CBI. The Bench had said CBI being prosecutor in the case can file an appeal and the state has no role to play in the case.”

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