Patna, Mar 20 : The Patna High Court today admitted Bihar Government appeal that has challenged the acquittal of Railway Minister Lalu Prasad Yadav and his wife Rabri Devi in connection with a disproportionate assets (DA) case.
In September last year, the court had said the Bihar Government's petition is maintainable.
The Bench had said the appeal could be entertained under Section 378 of the CrPC (Criminal Procedure Code) relating to a case of acquittal, with the leave of the High Court.
Lalu and Rabri had contested the State Government's appeal, saying it was not competent to file an appeal in the DA case and all other fodder scam cases, which were investigated by the CBI.
On February 19, the Bihar Government had filed a petition in the Patna High Court against the acquittal of Lalu and Rabri.
The State Government had appealed against the verdict after the Central Bureau of Investigation (CBI), which investigated the case, decided not to challenge the acquittal.
Ram Jethmalani, the counsel for Lalu and Rabri, had argued that since the CBI probed the case, the investigating agency and the Central Government alone were competent to challenge the CBI court verdict and not the State Government. He maintained that the NDA Government's appeal is "politically motivated".
A special CBI court on December 18, 2006 had acquitted the duo.
The decision came as a major relief to duo in the case, which was pending since 1998. Their income came under scrutiny after questions over what happened to the money allegedly siphoned off by the Rashtriya Janata Dal chief during the height of the fodder scam.