Will not stay trial in IRCTC scam against Lalu, son Tejashwi: Delhi HC

New Delhi, Jan 14 (PTI) The Delhi High Court on Wednesday said it will not stay the ongoing trial against RJD leader Lalu Prasad and his son Tejashwi Yadav in the IRCTC scam.

The court, however, said the trial court could hold the cross-examination of witnesses "next-to-next" week, by which time it would decide the petitions by the father-son duo against a trial court order framing charges in the case.

Senior advocate Kapil Sibal appeared on behalf of Lalu Prasad, the RJD supremo, and submitted that on the last occasion, the court had posted the matter today for hearing on the issue of stay of the trial during the pendency of the present petitions against framing of charges.

He said after the examination of witnesses, the trial court would begin the proceedings for cross-examination of witnesses.

"Let examination-in-chief be done. I am not giving them a stay," said Justice Swarana Kanta Sharma, adding that she would adjudicate the matter finally next week instead of first deciding the issue of stay.

Indicating that it would decide the petitions soon, the court told the counsel for the CBI not to insist on cross-examination next week.

"Start cross-examination next-to-next week and I will conclude arguments and pronounce order (in the meantime)," said the court.

"Don't insist on cross-examination. Please keep examining whoever you want to examine," it added.

On October 13, 2025, the trial court framed charges against the accused persons -- Lalu, his wife Rabri Devi, son Tejashwi Prasad Yadav and 11 others -- in the case for the alleged offences of cheating, criminal conspiracy under the Indian Penal Code (IPC) and sections of the Prevention of Corruption Act.

The trial court had also made a scathing observation that the land and share transactions in the case were "possibly an instance of crony capitalism fostered in the garb of eliciting private participation in the Railways' hotels at Ranchi and Puri." Lalu said in the chargesheet that there was no material to incriminate him.

"From the perusal of the entire chargesheet papers, it is evident that the CBI has neither adduced any iota of evidence, either documentary or oral, nor have they recorded any statement of any witness, nor have they able to establish from the circumstantial evidence that there was an agreement between two or more persons to commit an offence," the petition said.

"No single document has been placed on records, which even indicates that the petitioner had any meeting or meeting of the mind with any of the officials posted at IRCTC for rigging of the tender process since the above notes were allegedly issued by the officials posted with Indian Railway," it added.

Besides Lalu Yadav, the court framed charges against Pradeep Kumar Goel, Rakesh Saksena, Bhupendra Kumar Agarwal, Rakesh Kumar Gogia and Vinod Kumar Asthana under Section 13(2) read with Section 13(1)(d)(ii) and (iii) of the Prevention of Corruption (PC) Act.

Section 13 (2) deals with the punishment for criminal misconduct by a public servant, and Section 13(1)(d)(ii) and (iii) with abuse of position by a public servant to obtain favours.

The court had also directed that the charge be framed under IPC section 420 (cheating) against Lalu Prasad, Rabri Devi, Tejashwi, M/s LARA Projects LLP, Vijay Kochhar, Vinay Kochhar, Sarla Gupta and Prem Chand Gupta.

"A common charge is directed to be framed against all (14) accused under section 120B (criminal conspiracy) IPC read with section 420 IPC and section 13(2) read with section 13(1)(d)(ii) and (iii) PC Act," the court had said.

The maximum punishment under the PC Act is 10 years, while it is seven years for cheating. PTI ADS KSS KSS