‘Can states file appeal in CBI cases?’

Last Updated: Monday, March 19, 2012 - 21:34

New Delhi: The Supreme Court on Monday sought a
response from Amit Jogi, son of former Chattistgarh Chief
Minister Ajit Jogi, on a question of law as to whether a state
government can file an appeal in a matter that is prosecuted
by CBI.

A bench of justices Altamas Kabir and S S Nijjar issued
the notice to Amit Jogi on an appeal filed by Chhattisgarh
government challenging the acquittal of Amit Jogi in a murder
case.

"We are examining the question of law in this petition,"
the bench said while issuing the notice.

Counsel L Nageshwar Rao, appearing for the state, sought
to assail an earlier judgment of the apex court that the
states or other prosecuting agencies have no right of appeal
in a matter investigated by CBI.

The judgment was passed by the apex court in a matter of
alleged disproportionate assets case of former Bihar Chief
Minister Lalu Prasad.

The Chhattisgarh government contended the judgment in
Yadav`s case was erroneous and, hence, should be reviewed by
the apex court as otherwise CBI would have unbridled power of
resorting to adopt `pick-and-choose strategy` in dealing with
political opponents.

The state was aggrieved that the Chhattisgarh High Court
had refused to allow it to file the appeal against Jogi`s
acquittal.

The high court had in its August 18, 2011, dismissed the
state`s plea against the acquittal of Amit Jogi on the ground
that only CBI, being a prosecuting agency, has the right to
file the appeal.

Amit Jogi was accused of the murder of NCP leader Ram
Avtar Jaggi who was shot dead on June 4, 2003. Five persons
were arrested in connection with the case and a chargesheet
was filed against them holding that the motive of the murder
was robbery.

PTI



First Published: Monday, March 19, 2012 - 21:13

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