Land-for-job scam: HC seeks CBI's reply on plea challenging 'procedure' of pardon to approvers

New Delhi, Jan 9 (PTI) The Delhi High Court on Friday sought a response from the CBI on a plea by RJD chief Lalu Prasad Yadav’s aide alleging that proper procedure was not followed while granting pardon to five persons in the alleged land-for-job scam case.

Justice Manoj Jain issued notice to the CBI on the petition filed by Lalu Prasad’s former Officer on Special Duty (OSD) Bhola Yadav and granted two weeks to the agency to file its reply.

The high court, which was informed that the trial court has ordered framing of charges on Friday, asked the parties involved to place on record a copy of the order and listed the petition for further hearing on January 27.

The trial court has fixed the matter for January 29 for formal framing of charges against the accused.

Bhola is the national general secretary of Rashtriya Janata Dal (RJD) and a co-accused in the land-for-jobs case along with Lalu Prasad Yadav's family.

During the hearing in the high court, Bhola’s counsel contended that the trial court granted pardon to five approvers and recorded their statements without following the prescribed procedure.

Senior advocates Kapil Sibal and Maninder Singh, representing Bhola, submitted that as per procedure, first pardon is granted to an accused and then his statement is recorded under Section 164 CrPC.

The trial court has, however, reversed the procedure in the case by first recording the statement and then granting pardon, they said.

“The procedure required has to be followed word by word. You can’t devise a new procedure,” Singh argued.

Sibal also said that the only evidence against Bhola in the case is the statement of approvers.

However, the CBI’s counsel said the five persons were granted pardon strictly as per procedure.

The CBI has filed chargesheets against Lalu Prasad Yadav, his wife and former Bihar chief minister Rabri Devi, their son Tejashwi Yadav and others in connection with the alleged scam.

It alleged that appointments in the Group-D category of the West Central Zone of the Indian Railways based in Jabalpur, Madhya Pradesh, were made during Lalu Prasad Yadav's tenure as the railway minister from 2004 to 2009 in return for land parcels gifted or transferred by the recruits in the names of the RJD supremo's family members or associates.

The CBI also claimed that the appointments were made in violation of norms and that the transactions involved benami properties, amounting to criminal misconduct and conspiracy.

The accused have denied the charges, claiming the case is politically motivated. PTI SKV SKV SKY SKY