Hc Wants Time-Frame Set For Prosecution In Fodder Scam

The Patna High Court yesterday asked the Bihar and central governments to set a time-frame within which the sanctioning authority would give nod for prosecution of public servants in the 950-crore fodder scam.

We are desirous to know a time-frame from the state and central governments on according sanction to the CBI to prosecute public servants in the multi-crore fraud, a division bench of Justice S N Jha and Justice J Mukhopadhyay observed.

The courts move assumes significance in view of the CBI seeking the Bihar Governors nod to prosecute Chief Minister Laloo Prasad Yadav, two of his ministers, Bholaram Toofani and Vidyasagar Nishad and former Chief Minister Jagannath Mishra. The agency has also sought the prosecution of Union minister of state for rural area and employment, Chandradeo Prasad Verma.

 

Observing that nothing prevented the CBI from charge-sheeting public servants for their offences under the Indian Penal Code (IPC), the judges wanted to know from the CBI counsel, V K Shukla, the details of the procedure followed by the investigating agency for prosecution.

Shukla said that offences committed by a public servant under the Prevention of Corruption Act required sanction of the state and central governments before proceeding with prosecution.

He said the CBI had already made a formal request to the central government and it would soon seek the state governments nod to prosecute the IAS officials in the scam.

Replying to certain queries of the court on the agencys procedures, CBI joint director (east) U N Biswas said that according to government orders the agency had to seek sanction from the state and central governments besides the Union Public Service Commission and the central vigilance commission for prosecuting officials belonging to the Indian Administrative Service.

The judges, however, disagreed with Biswas submission, saying it may be the governments order to the CBI but law does not carry any such provisions and it requires an examination.

The court directed the additional advocate-general of the state, Shashi Anugraha Narayan, to inform who the competent authority was to accord sanction for prosecution of a public servant.

The judges, however, refused to ask for a time-frame from the Governor, A R Kidwai, for giving his nod to prosecute the Chief Minister, two of his cabinet collegues and the Union minister in the multi-crore scam.

Ravi Shankar Prasad, appearing on behalf of the petitioner, Sushil Kumar Modi, sought to impress upon the court that according to the apex courts order if a prima facie case existed against anyone, it should be sent up for trial.

The court directed the standing counsel for the Bihar Assembly and the CBI to sort out their problems relating to exchange of documents and if there is any specific grievance, the same may be referred to the court for an order.

The next hearing was fixed for May 22.

CBI directed to probe death of accused Press Trust of India PATNA

The Patna High Court yesterday directed the CBI to inquire into the circumstances leading to the death of a fodder scam accused, Harish Khandelwal, at Dhanbad recently.

A division bench comprising Justice S N Jha and Justice S J Mukhopadhyay asked the CBI deputy inspector general (Patna zone), R N Kaul, to complete the inquiry into Khandelwals death wihtin a fortnight and submit a report to the court monitoring the proceedings into the Rs 950-crore fraud. The courts directive came on a paper of request presented to the judges by CBI counsel, Vinay Kumar Shukla.

The judges, however, turned down the request of petitioners counsel, P K Sahi, for stalling the ongoing investigation by the crime investigation department (cid) into the circumstances in which Khandelwal died.