A hearing took place in Delhi High Court on Monday, September 8th, concerning the alleged land-for-jobs scam involving Rashtriya Janata Dal (RJD) supremo and former Railway Minister Lalu Prasad Yadav. During the hearing, Lalu’s lawyer presented arguments in court and demanded the cancellation of the CBI FIR filed in the case. Senior Advocate Kapil Sibal, representing Lalu Prasad, argued that the FIR was registered without the necessary approvals. Sibal asserted before Justice Ravinder Dudeja that permission under the PC Act was essential for registering the FIR, but it was not obtained. Sibal stated that the CBI registered the FIR without the mandatory approval under the PC (Prevention of Corruption) Act.
Sibal argued that the entire investigation is illegal. The investigation could not have begun without approval. He also mentioned that approval was required when Yadav was discharging his responsibilities as Railway Minister. He further stated that the demand is solely for the cancellation of the FIR. The investigation cannot proceed. Kapil Sibal, while explaining the accusations against Lalu Prasad to the court, mentioned that the allegation is that Lalu Prasad, while serving as Railway Minister, gave Group D jobs to candidates in exchange for land. The allegation also includes that he pressured railway officials to appoint candidates through fake certificates. This matter is connected to his tenure as Railway Minister. He now claims that he did not make any recommendations. This was done by the officers of Indian Railways. But did he put pressure on them? If so, why is he being prosecuted? They are unable to explain why they took permission for the officers, they claim they took great care. Cognizance will be taken later, the investigation must be done first.
Kapil Sibal further added that approval was needed because Lalu Yadav, as Railway Minister, was discharging official duties. He stated that they are challenging the lack of approval. They could not register the FIR. The investigation cannot start. They are only interested in getting the RC cancelled. Sibal said that registering an FIR and starting an investigation without approval is invalid. Lalu Yadav’s stance is that the CBI’s registered FIR has no solid basis and should be quashed.
After hearing Kapil Sibal’s arguments, the court said that the lack of approval would only affect offenses under the PC Act, not IPC cases. The next hearing in the case will be held on September 25th.
