DA case: SC verdict on Lalu`s appeal on Thursday

The Supreme Court will pronounce its verdict tomorrow on a petition filed by RJD chief Lalu Prasad and his wife challenging the decision of the Patna High Court.

New Delhi: The Supreme Court will pronounce
its verdict tomorrow on a petition filed by RJD chief Lalu
Prasad and his wife challenging the decision of the Patna High
Court admitting the appeal of Bihar government against their
acquittal in a disproportionate assets case.

A Bench comprising Chief Justice K G Balakrishnan and
Justices R M Lodha and B S Chauhan had reserved the judgement
on March 10.

CBI had also joined Prasad and his wife Rabri Devi in
2007 in opposing the stand of the Nitish Kumar government in
filing the appeal in the High Court.

During the final hearing on March 10, CBI stood by the
RJD chief, who has threatened to part ways with the UPA
government, in the Supreme Court by opposing the decision of
the Bihar government to challenge his acquittal in a
disproportionate assets case, an off-shoot of the fodder scam.

Prasad and his wife`s stand that Bihar government has no
locus standi to appeal against their acquittal was supported
by CBI which said the right to file an appeal lies with the
agency which probed and prosecuted the case.

CBI questioned the state government`s competence to
file an appeal under Section 378 of CrPC for an order of
acquittal when the case was investigated by it.

However, Bihar government, had contended that it has the
power to file an appeal against the acquittal irrespective of
the fact that the case was probed and prosecuted by CBI as the
crime was committed in the state.

It argued that section 378 (2) of CrPC only gives
additional power to the Centre to decide on the question of
appeal in the cases which are investigated by CBI.

"Under section 378 (2), additional power is conferred on
the Centre and that does not mean that the general power of
appeal of state government is taken away," the state
government had submitted while supporting the High Court
decision admitting the appeal against the acquittal of the RJD
chief and his wife 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.

PTI

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