NEW DELHI: The Supreme Court on Friday declined to stay the ongoing criminal proceedings before a Special CBI Court in Delhi against Rashtriya Janata Dal (RJD) chief Lalu Prasad in the alleged land-for-jobs scam, which dates back to his tenure as Union Railway Minister between 2004 and 2009.
A bench of Justice MM Sundresh and Justice Nongmeikapam Kotiswar Singh refused to interfere with the Delhi High Court’s May 29 order that had similarly rejected his plea for a stay on the trial.
“We are not inclined to interfere except by observing that at the time of disposing of the final matter, the observations made in the impugned order will not stand in the way. Considering the facts and circumstances of the case, we are inclined to pass a further order to the effect that he may not be personally present before the trial court and therefore his appearance is dispensed with. We request the High Court to expedite the hearing,” the bench stated in its order.
The court thus disposed of his petition seeking a stay on the trial and granted him exemption from personal appearance before the trial court.
Earlier, the Delhi High Court had issued notice to the Central Bureau of Investigation (CBI) on his plea for quashing of the FIR, but found no compelling reason to stall proceedings before the trial court. The matter is next listed on August 12.
Senior Advocate Kapil Sibal, appearing for Lalu Prasad, argued that the investigation was vitiated for lack of prior sanction under Section 17A of the Prevention of Corruption Act—mandatory before initiating inquiry against a public servant.
However, Additional Solicitor General SV Raju, representing the CBI, contended that Section 17A was not applicable to the case as the alleged offences were committed before the 2018 amendment which introduced this requirement.
The land-for-jobs case involves allegations that Lalu Prasad misused his ministerial position to secure land and immovable properties for his family members in exchange for appointments to Group “D” posts in the Indian Railways.
The CBI has alleged that between 2004 and 2009, several such appointments were made without public advertisement, allegedly facilitated by senior officials in the West Central Railways under Lalu Prasad’s instructions. These appointments, the agency claims, violated recruitment norms and were awarded in return for land parcels transferred to Lalu’s family members.
On June 7, the CBI filed a detailed chargesheet naming Lalu Prasad, members of his family, and 77 others, including 38 beneficiaries of the alleged illegal appointments.
