New Delhi: The Supreme Court will hear
tomorrow a petition filed by RJD chief Lalu Prasad and his
wife Rabri Devi challenging the Patna High Court's decision to
admit the state's appeal against their acquittal in a
disproportionate assets case, an offshoot of the multi-crore
fodder scam.
The matter is listed for hearing before a Bench headed by
Chief Justice K G Balakrishnan.
The apex court had on May 9, 2008 issued a notice to
Bihar government on the appeal filed by Prasad and his wife.
CBI had also challenged the Bihar government's move in
the apex court to file an appeal in the High Court against
their acquittal 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
Questioning the move of Bihar government, CBI, in its
petition, maintained that the Nitish Kumar government has no
locus standi to file an appeal as the case was investigated by
it and the state government cannot act contrary to the
executive decision of the Centre.
Lalu Prasad and his wife have also taken a similar stand.
When the notice was issued in the matter, the apex court
bench, headed by Chief Justice K G Balakrishnan, had also
wanted to know "how the state government has come into picture
when the case was investigated and prosecuted by the CBI."
The Bench had said "CBI being prosecutor in the case can
file an appeal and the state has no role to play in the case."
-PTI
First Published: Tuesday, March 09, 2010, 22:52