New Delhi: CBI today stood by RJD Chief Lalu
Prasad, who has parted ways with the UPA Government, in the
Supreme Court by the decision of the Nitish Kumar government
in Bihar to challenge his acquittal in a disproportionate
assets case.
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.
"The case was investigated and prosecuted by CBI and it
is for the Centre and not for state government to take a
decision to file an appeal in the case of acquittal," senior
advocate A Mariarputham, appearing for the agency, submitted
before a Bench headed by Chief Justice K G Balakrishnan.
Bihar Government's submission evoked sharp reactions
from the Bench which wanted to know how in a case, which is
investigated by CBI, the state government can come in the
picture to file am appeal against the acquittal.
The Bench reserved the verdict on the petition filed
by RJD Chief and his wife challenging the Patna High Court's
decision to admit the state's appeal against their acquittal
in the case.
Senior advocate Ram Jethmalani, appearing for the couple,
expressed his apprehension that since Prasad has moved out of
the UPA government, CBI may also change its stand.
"Now that Lalu Prasad has fallen from power, I hope the
central government has not changed its mind," he said before
the Bench, also comprising Justices R M Lodha and B S Chauhan.
When Prasad and his wife had challenged in the apex
court the Nitish Kumar government's decision to file appeal in
the High Court, CBI had joined them.
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, senior advocate L Nageshwar Rao, appearing for
Bihar government, contended it has the power to file 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.
He said 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," he submitted
while supporting the High Court decision admitting the appeal
of Bihar government against the acquittal of the RJD Chief and
his wife in the case.
"Your (state government's) prosecutor is not in-charge
of this case. Can any state government file appeal in such
cases?"
To this, Rao said it was a case which was not transferred
outside the state and contended how can the state government
lose the relevance or control over the prosecution of the case
on account of being prosecuted by the CBI.
-PTI
First Published: Wednesday, March 10, 2010, 19:28