New Delhi, Nov 12 (UNI) The Supreme Court today decided to await the decision of Patna High Court on the maintainability of the appeal filed by the state of Bihar, challenging the acquittal of Railway Minister Lalu Prasad and his wife Rabri Devi in a disproportionate assets case related to fodder scam.
A bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and D K Jain told the counsel for the petitioner that this court will consider their petition only after the High Court made a decision on the admissibility of the petition filed by Nitish Kumar government.
The court adjourned the hearing of the petition filed by Lalu Prasad, his wife Rabri Devi and also by the Central Bureau of Investigation (CBI).
CBI has also filed a petition in the apex court against the decision of the Patna High Court to hear the appeal of the state government.
Senior counsel Ram Jethmalani appearing for the two petitioners contended that since the CBI is an investigating agency in the case therefore only it is competent to file an appeal against the order of the trial court and state of Bihar has no locus in the matter and can not challenge the trial court's order.
Patna High Court had refused to hear the application of Lalu Prasad and his wife, challenging the locus of the state government.
The couple had come in appeal to the Supreme Court against the order of the High Court.
RJD leader Lalu Prasad is facing allegations of acquiring assets of Rs 45 lakhs, beyond his known sources of income by misusing his official status as the Chief Minister of the state. Rabri Devi is also a former Chief Minister of Bihar.