Lalu, Rabri get SC reprieve

The duo got the reprieve from Supreme Court, which held that the Bihar government cannot appeal in the place of CBI against  their acquittal by a trial court.

“Bihar government is not  competent to direct its public prosecutor to file appeal against the judgement passed by special judge, CBI, Patna,” an apex court  bench comprising Chief Justice K G Balakrishnan and Justices R M Lodha and B S Chauhan said in a 35-page judgment. The bench delivered the verdict by setting aside the decision of the Patna HC admitting the appeal filed by the Bihar government.

The couple was accused of amassing assets worth Rs 46 lakh beyond their known sources of income when Prasad was the chief minister between 1990 and 1997.

The state government had filed the appeal after the CBI had not challenged the acquittal of Prasad and his wife Rabri Devi.

The bench, which allowed the appeal of Prasad and Rabri Devi, noted that “as per CBI, the Centre, after considering the conclusions and findings of the trial court, took a conscious and considered decision that no ground whatsoever was made for filing an appeal against the judgement of the trial court”.

The bench said the Centre is the competent authority to challenge the decision of the trial court in the case investigated by the CBI and other central agencies under the Delhi Special Police Establishment Act.

Hailing the apex court verdict, RJD supremo Lalu Prasad on Thursday said he had full faith in the judicial process of the country.