Lalu Prasad Yadav V State through C.B.I AIR 2003 SC 3838
Diksha Tiwari from JIMS Engineering Management Technical Campus of Law
Facts
- This case is related to the multi crore Fodder scam that took place in the state of Bihar, India during the 1990s when Lalu Prasad Yadav was a chief Minister of the state.
- This scam involves embezzlement of government funds. Politicians, bureaucrats, and businessmen collaborated to divert the funds for their own benefit.
- Lalu Prasad Yadav was one of the prime accused in this case. Later a PIL was filed in supreme court of india which led to court involvement and based on the direction issued by supreme court in March 1996 the patna high court handed over this case to Central Bureau Of Investigation (CBI).
- As an investigation began within fews CBI filed charges against Heera against him in 1996. He was accused of involvement in a criminal conspiracy to embezzle funds from bihar government animal husbandry department during the tenure of chief minister.
- This case was initially tried in a special CBI court in Ranchi, Jharkhand. In 2014, this case transferred to the CBI court in Delhi following the order of the Supreme Court.
- The trial of the case continues in Delhi Supreme Court till December 2017.
Issued raised
Is Lalu Prasad Yadav guilty of the Fodder scam?
Contention from petitioner side
- In this case petitioner contending that the trial court wrongfully convicted him of the Corruption case related to the Fodder scam.
- He also argued that prosecution is unable to prove the charges against him beyond reasonable doubt and also there was inconsistency of the evidence.
- He also claimed that the trial court did not consider his defense and also ignored important facts that were in his favor.
Contention from respondent side
- The respondent alleged that former Chief Minister of Bihar Lalu Prasad Yadav was involved in the Fodder scam which was large scale corruption scam involving award of contract for the maintenance of the hotel when he was railway Minister.
- Respondents also argue that Mr.Yadav abused official position in favor of a particular private company for illegal gratification.
- Respondents also presented evidence in support including witness statements, financial records, and other documents.
Judgment
- This case was heard in the Supreme Court of India and judgment was delivered on 13 August 2003.
- This case involves allegations of Corruption and embezzlement of funds by Lalu Prasad Yadav. Later CBI had filed chargesheet against him and he filed a petition to quash the charge sheet .
- The Supreme Court after hearing both sides quashed Lalu Yadav Prasad petition and upheld the charge sheet filed by CBI and the court held that allegations of Corruption and embezzlement against him were serious and required trial. The court also observed that corruption was a major problem in this country and the court should take this in a strict view.
- On September 30,2013 he and along with 45 others were convicted by CBI in Chaibasa case and sentenced for 5 year imprisonment.
- In December 2017 he was convicted for another case and was sentenced to three-and-a-half years in jail and fined Rs 10 lakh.
- In January 2018 he was convicted for another Chaibasa treasury case for illegal withdrawal and sentenced to five year jail and in March in the same year he was sentenced to seven year jail related to fraudulent withdrawal of Rs.3.13 crore from Chaibasa treasury.
- Lalu Prasad Yadav challenged the verdict in the Jharkhand High Court, which granted him bail in December 2018. However, he remained in jail as he was facing trial in other cases related to the fodder scam. In March 2019, he was granted interim bail by the Jharkhand High Court on medical grounds
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