Union Railway Minister and RJD supremo Lalu Prasad and his wife Rabri Devi on Wednesday moved Supreme Court challenging Patna High Court order allowing the Bihar government's plea to hear its appeal against their acquittal in disproportionate assets case.
Challenging the order of High Court, the couple contended in their petition that the state government was not competent to file an appeal against the trial court's verdict acquitting them in DA case.
Since the case was probed by CBI, so either the Centre or the investigating agency was competent to challenge the CBI court verdict, the petition said.
The High Court on September 20 had held that the Bihar government's appeal challenging their acquittal in a DA case maintainable, saying the appeal could be entertained under Section 378 of the CrPC relating to a case of acquittal.
Special CBI judge Muni Lal Paswan had on December 18 last year acquitted the duo in the case that had charged Prasad with having amassed assets worth Rs 46 lakh beyond his known sources of income when he was Chief Minister between 1990 and 1997. Rabri Devi was made a co-accused in the case.
The state government had gone in appeal against the CBI court verdict after the central agency, which had probed the DA case, decided not to challenge the acquittal.
The Patna High Court had on March 11, 1996, directed the CBI to investigate the fodder scam and the Supreme Court had endorsed the order on March 19, 1996.
