New Delhi: Chhattisgarh government has moved the Supreme Court challenging the acquittal of Amit Jogi, son of former chief minister Ajit Jogi, in the murder of NCP leader Ram Avtar Jaggi in 2003.
The state government has approached the apex court contending that a state is not barred from challenging the acquittal of an accused in a case in which the probe and prosecution had been conducted by CBI or other central agency.
The government`s petition, filed through advocate Atul
Jha, challenged the August 18, 2011, verdict of the
Chhattisgarh High Court whereby its appeal against Amit Jogi`s
acquittal was dismissed on the ground that only CBI, being a
prosecuting agency, had the jurisdiction to file the appeal.
The high court had dismissed the state government`s plea
on the basis of the Supreme Court judgment passed in the Lalu
Yadav`s disproportionate assets case in which it was held that
the state government is not empowered to file appeals against
acquittals in cases investigated by CBI.
Chhattisgarh government, however, contended the judgment
in the Lalu Prasad case needs to be reconsidered.
"The decision of the apex court in Lalu Prasad Yadav`s
case, it is submitted, requires reconsideration for not only
is it flawed in the manner in which it construed the statute
but unwittingly upset the delicate balance between the Union
and the state in relation to administration of justice," the
petition, settled by advocate Harish Salve, said.
Jaggi was shot dead on June 4, 2003, and five persons
were arrested by the state police and a charge-sheet was filed
against them holding the motive of the murder was robbery.
However, the case was handed over to CBI in January 2004.