Patna, Sep 20 (UNI) Patna High Court today accepted an appeal of the Bihar government against the acquittal of Railway Minister Lalu Prasad and former chief minister Rabri Devi by a lower court in connection with the disproportionate asset(DA) case, an off-shoot of the fooder scam.
Pronouncing the order earlier reserved, justice R K Datta ruled that the appeal of the Bihar government was 'maintainable' and posted the matter for hearing on September 24, 2007.
Earlier, through a petition in Patna High Court, the government had challenged the acquittal of the duo in the DA case by the lower court. Appearing on their behalf, senior advocate of the Supreme Court Ram Jethmalani, had said the matter was investigated by the CBI, so the central government was the competent authority to challenge the acquittal by the lower court.
The solicitor general of India had also endorsed the arguments placed by Mr Jethmalani.
Appearing for the state government, senior advocate Surendra Singh submitted that since the matter was Bihar government Vs Lalu-Rabri, the state government had every right to challenge their acquittal.
The Bihar government had filed a petition in February in Patna High Court challenging the duo's acquittal by a lower court in connection with the DA case. The court had reserved its order on maintainability of the petition.