Delhi,Prabhati Nayak Mishra: Granting partial relief to Yadav, the high court on November 14 last year had dropped the conspiracy charge against him in a case related to the fodder scam on the ground that a person cannot be tried twice for the same offence.
Eight months after the Jharkhand high court dropped the conspiracy charge against RJD chief Lalu Prasad Yadav in one of the fodder scam cases, the Central Bureau of Investigation (CBI) has filed an appeal before the Supreme Court against the high court order.
Granting partial relief to Yadav, the high court on November 14 last year had dropped the conspiracy charge against him in a case related to the fodder scam on the ground that a person cannot be tried twice for the same offence.
The court, however, ruled that proceedings in two other sections of IPC would continue against the former Bihar chief minister.
The timing of the CBI’s appeal is crucial as the state is slated to go to polls later this year, and the case is expected to have implications for Yadav, who is trying to make a political comeback.
Filing the petition, CBI sought the court to set aside the high court order.
The probe agency said Yadav had argued before the high court that he, having already been convicted for criminal conspiracy in a case, could not be prosecuted second time.
However, the agency argued that the cases are different as the transaction amounts as well as the period of offence are different.
The high court had dropped the charges related to IPC 120, 120B, 409, 420, 471, 477, 477A (sections related to criminal conspiracy, forgery and cheating) and 13 (2) under Prevention of Corruption Act against the RJD chief.
The court, however, said proceedings against Yadav will be continued under IPC sections 201 (causing disappearance of evidence of an offence committed or giving false information) and 511 (attempting to commit offences punishable with imprisonment for life or imprisonment, and in such attempt doing any act towards the commission of the offence).
The charges are in connection with RC 64A/96 pertaining to fraudulent withdrawal of Rs 96 lakh during the chief ministerial tenure of the RJD chief.
Yadav moved the Jharkhand high court for relief after he was found guilty by the CBI court on September 30 last year in the RC20A/96 fodder scam case pertaining to fraudulent withdrawal of Rs 37.7 crore from Chaibasa Treasury.