New Delhi, Aug 28 (UNI) The Bihar government in its counter affidavit filed in the Supreme Court has alleged that the CBI has decided not to file an appeal against the order of acquittal passed by the trial court in disproportionate assets case involving Railway Minister Lalu Prasad and his wife and former Bihar CM Rabri Devi, under the influence of Mr Prasad.
Praying for dismissal of the petition filed by Mr Prasad and Rabri Devi in the Supreme Court, the state government has asserted that the defrauded money belongs to Bihar and the power of state government under Section 378 CrPc to file an appeal in a case, where the occurrence has taken place in Bihar, is not dependent on the Union government.
The affidavit filed by Doodnath Singh, Under Secretary-cum-Deputy Legal Adviser, Bihar, has alleged that the then Bihar CM Lalu Prasad was one of the conspirators in the Fodder Scam in which the state exchequer was defrauded to the tune of several thousands crores of rupees.
The Patna High Court has ordered a CBI inquiry into the scam on March 11, 1996 and the order was upheld by the Supreme Court.
Describing the present petition against the Patna High Court order dated September 20, 2007 as premature, the Nitish Kumar government has said the High Court has only admitted the petition for hearing on merit and the final decision of the High Court is yet to come.
State government has also alleged that the fact- 94 witnesses have been examined by the defence- has not been discussed by the Income Tax Tribunal.
Mr Prasad and Rabri Devi are facing allegations of acquiring assets worth Rs 46,26,806 beyond their known sources of income.
The state government has also questioned the decision of CBI not to file appeal on the grounds that the CBI itself maintained before the trial court that the two RJD leaders are liable to be prosecuted under the Prevention of Corruption Act and how the same agency can change its stand and come to the conclusion that no appeal needs to be filed against the order of acquittal.
The decision of CBI is influenced by extraneous consideration, it said.
UNI SC AE RP GC1614