LAW MANTRA     (Think Beyond Others)

Lalu Prasad’s Transfer Petition In Fodder Scam Case Rejected.

lalu

Justice Aparesh Kumar Singh read out his decision in the Jharkhand High Court and rejected RJD supremo Lalu Prasad’s plea to transfer a case related to fodder scam from a special CBI judge’s court to another court.

 

The court had reserved its order after the final argument on the petition on August 25. The case (rc64A/96) relates to alleged illegal withdrawal from Deoghar treasury.

 

Lalu’s lawyer Prabhat Kumar said: “The high court has rejected the transfer petition. The case would continue in the court of special CBI judge Shiv Pal Singh.”

The HC, however, said that re-examination of Bihar’s director general (DG) rank police officer Sunil Kumar as defense witness could take place in the lower court after a suitable order, Kumar said.

Pleadings of Lalu Prasad’s Lawyer :

  • Lalu’s lawyers had pleaded before the high court for transferring the case from the court of Judge Shiv Pal Singh arguing that the latter’s actions in the recent past has made the petitioner believe that justice would not be done to him.
  • They alleged that the CBI judge had stopped a deposition by DG Sunil Kumar mid-way and tore up the deposition sheet on August 3.
  • They said earlier the examination of the DG as defense witness was to be held on July 29, but he could not come due to change of government in Bihar.

 

Subsequently, the judge had fixed August 10 for recording his statements.

However, on August 3, the defense side petitioned for deposition of the DG as he was in Ranchi city to appear in another case related to fodder scam. The CBI started recording the statements but stopped it mid-way and fixed August 10 as the next date for the procedure.

On August 10, the CBI judge recorded Sunil Kumar’s statement as court witness even as Lalu’s lawyers refused to examine the DG.

 

 

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