Land-for-jobs scam: SC declines to stay trial against Lalu Prasad Yadav

The Supreme Court on Friday refused to stay the trial court proceedings against former Bihar chief minister and RJD supremo Lalu Prasad Yadav in the CBIs landforjobs scam case reported news agency PTIA bench of Justices M M Sundresh and N Kotiswar Singh asked the Delhi High Court to expedite the hearing on his plea for quashing of the CBI FIR reported PTIThe top court also granted an exemption from appearance to Yadav before the trial court in the landforjobs scam case noting his health conditionThe appeal being against the interim order we are not inclined to interfere except by observing that at the time of disposing of the final matter the observation made in the impugned order will not stand in the wayConsidering the facts and circumstances of the case we are inclined to pass a further order to the effect that he may not be personally present and therefore his appearance is dispensed with We request the High Court to expedite the hearing the bench said reported PTISenior advocate Kapil Sibal appearing for the RJD supremo sought a stay on proceedings saying there was no prior approval obtained by the CBI under Section 17A of the Prevention of Corruption Act reported PTIAdditional Solicitor General S V Raju appearing for the CBI countered it saying sanction was not required in the present case reported PTISibal sought the stay pointing out no prior approval with the CBI under Section 17A of the Prevention of Corruption Act prior sanction before initiating investigation against public servant reported PTIOn May 29 the Delhi High Court said there was no compelling reason to stay the proceedingsThe high court issued notice to the CBI on Yadavs plea for quashing of the agency FIR and posted the hearing on August 12The case is related to Group D appointments made in the West Central Zone of the Indian Railways based in Jabalpur Madhya Pradesh during Lalu Prasads tenure as the railway minister between 2004 and 2009 allegedly in return for land parcels gifted or transferred by the recruits in the name of the RJD supremos family or associates reported PTIIn his petition in the high court Prasad sought the quashing of the FIR and three chargesheets filed in 2022 2023 and 2024 and the subsequent orders of cognisanceThe landforjobs scam case was registered on May 18 2022 against Yadav and others including his wife two daughters unidentified public officials and private personsThe former chief minister said the FIR was lodged in 2022 almost a 14year delay despite the CBIs initial enquiries and investigations being closed after filing of a closure report before the competent court reported PTIInitiation of the fresh investigation in the concealment of the previous investigations and its closure reports is nothing but an abuse of the process of law it said reported PTIThe petitioner argued he was being made to suffer through an illegal motivated investigation in violation of his fundamental right to a fair investigation reported PTIBoth the initiation of the present enquiries and investigations are non est as both have been initiated without a mandatory approval under Section 17A of the PC Act Without such approval any enquiryinquiryinvestigation undertaken would be void ab initio the plea added reported PTIYadav called it a scenario of regime revenge and political vendetta as the initiation of investigation without such approval vitiated the entire proceedings since inception with it being a jurisdictional errorWith inputs from PTI