Patna: Bihar Government today pleaded before
the Patna High Court to modify its July 15 opinion that a CBI
enquiry into the alleged financial irregularities was a
necessity, saying the CAG report was under consideration of
the Public Accounts Committee of the state Assembly.
Appearing on behalf of the state government which had on
July 19 filed an interlocutory petition in the division bench
headed by Chief Justice Rekha M Doshit, senior advocate N
Nageshwar Rao and Advocate General P K Sahi said, "CAG report
is not yet final."
"As by the order of governor it has been laid before
legislature on July 14, 2009 following the constitutional
mandate enshrined in article 15(2) of the Indian
Constitution," Rao argued.
The CAG report was under consideration of the Public
Accounts Committee (PAC) and yet to be adopted by the House,
He further pleaded that that in view of the
constitutional mandate and restriction, it would be totally
opposed to the scheme of the constitution itself to permit any
kind of discussion even by way of inquiry by any third agency
(CBI) until the report of PAC was submitted to the House,
which would take its final view.
The court would resume the hearing tomorrow.