IRCTC case: Lalu Prasad Yadav questions validity of sanctions to prosecute him

New Delhi: RJD chief Lalu Prasad Yadav on Tuesday questioned the validity of sanctions obtained by the CBI to prosecute him in a corruption case connected to alleged irregularities in the Indian Railway Catering and Tourism Corporation (IRCTC).

The former railway minister made the submission through his lawyer before special judge Vishal Gogne during the arguments on whether to frame charges against him in the case.

The allegations include criminal conspiracy, cheating and corruption, which carry a maximum jail term of seven years.

The judge, meanwhile, also granted exemption from personal appearance to Yadav, his wife and former Bihar chief minister Rabri Devi and son and former deputy chief minister of the state, Tejashwi Yadav, for the day on application moved by them.

"Separate applications seeking exemption from personal appearance have been moved on behalf of A1 (Yadav), A2 (Devi), A3 (Tejashwi Yadav)... Heard. In view of the averments made in the application, aforesaid accused persons are exempted from personal appearances for today only. Part submissions have been heard on the aspect of charge on behalf of A-1... Put up for arguments on behalf of accused no. 1 to 4 on the date already fixed i.e. March 5, 2024," the judge said.

Senior advocate Maninder Singh, appearing for Yadav, said there was no evidence to prosecute him in the case.

"The CBI first said there was no requirement to obtain sanctions to prosecute my client, which was not legally correct. Thereafter, they filed sanction in an incorrect manner," the counsel told the court.

He added, "The allegations against my client is that he abused his official position, so it does not matter if he is retired or not. Sanctions has to be obtained as per the law. If it is not, the charge cannot be framed." The CBI on February 28 told the court that there was sufficient evidence to prosecute the accused persons in the case.

The case stems from the alleged irregularities in the grant of operational contracts of two IRCTC hotels to a private firm.

According to the CBI chargesheet, a conspiracy was hatched between 2004 and 2014 in pursuance of which BNR hotels of the Indian Railways, located in Puri and Ranchi, were first transferred to IRCTC and later, for its operations, maintenance and upkeep, given on lease to Sujata Hotels Private Limited, which is based in Patna, Bihar.

The tender process, the agency alleged, was rigged and manipulated and the conditions were tweaked to help the private party -- Sujata Hotels.

The chargesheet also names then group general managers of IRCTC V K Asthana and R K Goyal and Vijay Kochhar, Vinay Kochhar, both directors of Sujata Hotels and owners of Chanakya Hotel.

Delight Marketing Company, now known as Lara Projects, and Sujata Hotels Private Limited have also been named as accused firms in the chargesheet.