The Central Bureau of Investigation on Wednesday stood by Rashtriya Janata Dal chief Lalu Prasad, who has parted ways with the United Progressive Alliance government, in the Supreme Court by opposing the decision of the Nitish Kumar government in Bihar to challenge his acquittal in a disproportionate assets case.
Prasad and his wife's stand, that the Bihar government has no locus standi to appeal against their acquittal, was supported by the CBI, which said the right to file an appeal lies with the agency that probed and prosecuted the case.
"The case was investigated and prosecuted by the CBI and it is for the Centre and not for state government to take a decision to file an appeal in the case of acquittal," senior advocate A Mariarputham, appearing for the agency, submitted before a bench headed by Chief Justice K G Balakrishnan.
The Bihar government's submission evoked sharp reactions from the bench which wanted to know how in a case, which is investigated by the CBI, the state government can come in the picture to file an appeal against the acquittal. The bench reserved the verdict on the petition filed by RJD chief and his wife, challenging the Patna high vourt's decision to admit the state's appeal against their acquittal in the case.
Senior advocate Ram Jethmalani, appearing for the couple, expressed his apprehension that since Prasad has moved out of the UPA government, the CBI may also change its stand.
"Now that Lalu Prasad has fallen from power, I hope the central government has not changed its mind," he said before the bench, also comprising Justices R M Lodha and B S Chauhan.
When Prasad and his wife had challenged in the apex court the Nitish Kumar government's decision to file an appeal in the high court, the CBI had joined them.
CBI questioned the state government's competence to file an appeal under Section 378 of CrPC for an order of acquittal when the case was investigated by it. However, senior advocate L Nageshwar Rao, appearing for Bihar government, contended that it has the power to file an appeal against the acquittal as the crime was committed in the state. He said Section 378 (2) of the CrPC only gives additional power to the Centre to decide on the question of appeal in the cases which are investigated by the CBI.
"Under Section 378 (2), additional power is conferred on the Centre and that does not mean that the general power of appeal of state government is taken away," he submitted while supporting the high court's decision admitting the appeal of the Bihar government against the acquittal of the RJD chief and his wife in the case.
The Bihar government had moved the high court against the trial court verdict after finding out that the CBI was not challenging the acquittal of Prasad and his wife in the case. Questioning the move of the Bihar government, CBI, in its petition, maintained that the Nitish Kumar government has no locus standi to file an appeal as the case was investigated by it and the state government cannot act contrary to the executive decision of the Centre.
Lalu Prasad and his wife have also taken a similar stand. The high court had held that the Bihar government's appeal challenging their acquittal in a DA case was 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, 2006, acquitted Lalu and his wife Rabri Devi in a case in which he was accused of amassing assets worth Rs 46 lakh beyond his known sources of income, when he was the chief minister of Bihar between 1990 and 1997.
While admitting the Bihar government's appeal on March 20, 2008, the high court had said, "It appears that the CBI court has solely relied on the Income Tax Appellate Tribunal order exonerating the respondents (Lalu-Rabri)."
