New Delhi, Feb 17 (IANS) The Supreme Court on Tuesday posted for final hearing in April a batch of appeals filed by the Central Bureau of Investigation (CBI) challenging the suspension of sentence granted to former Bihar Chief Minister Lalu Prasad Yadav and other convicts in the fodder scam cases.
A Bench of Justice M.M. Sundresh and Justice N. Kotiswar Singh said the matters would be taken up for final disposal on April 22, while remarking that several of the accused were now of advanced age.
Appearing for the CBI, Additional Solicitor General (ASG) S.V. Raju contended that the Jharkhand High Court had violated settled principles governing post-conviction suspension of sentence. He argued that once a conviction had been recorded, suspension of sentence could not be granted in the absence of any change in circumstances.
“This is post-conviction bail. The sentence has been suspended illegally. It cannot be done,” ASG Raju submitted, adding that Lalu Prasad and other accused were “illegally out”.
On the other hand, senior advocate Kapil Sibal, appearing for Lalu Prasad Yadav, opposed any urgency in the matter, highlighting that in the connected appeals, several accused had either not been served or had not filed their replies.
“There is no need for such excitement. There are other accused, some haven’t even filed replies,” he said.
Taking note of the submissions, the Justice Sundresh-led Bench observed that all sides were aware of the legal question involved.
“Both of us know what this special leave petition is. We think both of you also know what the result is. You do your job, let us do our job. We can fix a date for the appeal to be disposed of. We also know what the question of law is,” Justice Sundresh remarked, noting that the respondents were in their 60s, 70s and late 80s and that their sentences presently stood suspended.
The apex court clarified that cases in which any respondent-accused had died would be formally closed.
The fodder scam cases relate to fraudulent withdrawals of nearly Rs 950 crore from the state treasury between 1992 and 1995, when Lalu Prasad Yadav was Chief Minister of undivided Bihar and held charge of the Animal Husbandry Department. He was convicted in cases concerning withdrawals from the Deoghar, Dumka and Chaibasa treasuries, now in present-day Jharkhand.
In July 2019, the Jharkhand High Court granted Lalu Prasad Yadav bail in one of the fodder scam cases and suspended his sentence. The CBI challenged that decision before the Supreme Court, which issued notice in February 2020. The CBI has also sought enhancement of his sentence, contending that the offence was a serious economic crime committed by a public servant holding high office.
–IANS
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