SC dismisses review plea on Lalu's DA case
New Delhi: The Supreme Court has refused to review its judgement by which it had dismissed the petition of Bihar government challenging the acquittal of RJD leader Lalu Prasad and his wife Rabri Devi by a trial court in the disproportionate assets case.
The apex court rejected the petition filed by Bihar government seeking a review of its April 1, 2010, judgement by which it held that state government cannot file an appeal in the case in which the investigation and prosecution was carried out by CBI.
"By these petitions, petitioner (Bihar government) seeks review of the judgement dated April 1, 2010. We have carefully considered the review petitions and the available material.
"The above judgement does not suffer from any mistake apparent on the face of the record warranting any review. Review petitions are, accordingly, dismissed," a bench of justices RM Lodha and BS Chauhan said.
In a relief to Prasad, the apex court had set aside the decision of the Patna High Court admitting the appeal filed by the Bihar government against the acquittal in the case.
The couple were accused of amassing assets worth Rs 46 lakh beyond their known sources of income when Prasad was the Chief Minister of Bihar between 1990 and 1997.
The state government had filed the appeal in the High Court after CBI had not challenged Prasad's acquittal.
Setting aside the High Court's decision, a bench of ex-Chief Justice KG Balakrishnan and Justices RM Lodha and BS Chauhan had said "Bihar government is not competent to direct its public prosecutor to present appeal from the judgement passed by special judge, CBI, Patna".
CBI had also challenged the High Court decision to admit the appeal of Bihar government questioning its locus standi.
Special CBI Judge Muni Lal Paswan had on December 18, 2006, acquitted Lalu and Rabri Devi in the DA case.