New Delhi, Aug 1 (UNI) The Supreme Court today fixed for final disposal the petitions filed by Railway Minister Lalu Prasad, his wife and former Bihar chief minister Rabri Devi and CBI, challenging the Patna High Court order admitting the petition of Nitish Kumar government against their acquittal in the disproportionate assets case.
A bench comprising Chief Justice K G Balakrishnan, Justices Thakker and P Sathasivam adjourned the hearing by four weeks and fixed it for the final hearing.
The two RJD leaders were acquitted by a special court in a case under the Prevention Act for acquiring assets beyond their known sources of income through corrupt manes on December 18, 2006.
Patna High court had ordered a CBI inquiry into the fodder scam on February 22, 1996.
The CBI did not appeal against the acquittal but the state government challenged the acquittal of the leaders in the Patna High Court.
Mr and Mrs yadav filed the application in Patna High Court challenging the maintainability of the state government petition on the grounds that only the CBI, which is a prosecuting agency in the case, can challenge the acquittal and the state has no locus standi.
Patna High Court wide order dated September 20, 2007 dismissed the applications of the two RJD leaders and held that the state government was competent to appeal against the order of the trial court.
Bihar has been given four weeks time to file its response to the petition.
UNI SC SK SSC1300