New Delhi, Sep 25 (PTI) The CBI on Thursday opposed in the Delhi High Court, RJD supremo Lalu Prasad Yadav's plea for quashing the FIR against him in the land-for-jobs scam case.
The Central Bureau of Investigation (CBI) raised the issue of maintainability of the plea, saying his plea should be rejected on the ground of delay.
Justice Ravinder Dudeja heard part arguments on behalf of the CBI and posted the matter for October 17.
Additional Solicitor General S V Raju, representing the CBI, argued that Yadav's plea should be rejected on the ground of availability of an alternative remedy.
He said Yadav should have first approached the sessions court instead of directly moving the high court for quashing the FIR.
Raju said a person cannot surpass the period of limitation of 90 days for filing a revision petition by filing a quashing petition or a writ petition.
The plea needs to be thrown out on the ground of delay as it was filed after the period of 90 elapsed, he stressed.
While the order of cognisance on the chargesheet was passed by the trial court on February 27, 2023, the petition was filed in the high court on May 23, 2025, that is, after over two years.
The CBI counsel also opposed the submissions of Yadav's counsel about the investigation being illegal in the absence of mandatory sanction to prosecute the accused.
The law officer said sanction to prosecute Yadav was not required as what he has done was not related to discharge of his official duties.
Yadav's counsel has argued that sanction was required for prosecution as he was then discharging official duties as the railways minister.
"We are challenging lack of sanction. They could not have initiated the FIR. Investigation cannot start. We are only interested in setting aside the RC," senior advocates Kapil Sibal and Maninder Singh had argued on behalf of Yadav.
The Supreme Court on July 18 refused to stay the trial court proceedings in the case prior to which the high court on May 29 did not find a "compelling reason" to stay the proceedings.
The case is related to Group D appointments made in the West Central Zone of the Indian Railways based in Jabalpur, Madhya Pradesh, during Yadav's tenure as the railway minister between 2004 and 2009, allegedly in return for land parcels gifted or transferred by the recruits in the name of the RJD supremo's family or associates.
The case was registered on May 18, 2022, against Yadav and others, including his wife, two daughters, unidentified public officials and private persons. PTI SKV SKV AMK AMK