The Supreme Court has declined to quash the CBI FIR and chargesheet against RJD chief Lalu Prasad Yadav in the alleged land-for-jobs case, allowing the criminal proceedings to continue while giving him limited procedural relief. The decision marks a setback for Yadav’s attempt to halt the case at the threshold.
A bench comprising Justices MM Sundresh and N Kotiswar Singh dismissed Yadav’s plea challenging the legality of the investigation and prosecution. However, the court granted him exemption from personal appearance before the trial court, easing the procedural burden during the course of the trial.
At the same time, the court permitted Yadav to raise all legal objections before the trial court, including the applicability of Section 17A of the Prevention of Corruption Act. This provision requires prior government sanction for initiating an inquiry against a public servant for actions taken in the discharge of official duties. The Supreme Court clarified that the question of whether Section 17A applies retrospectively or prospectively can be examined during trial proceedings.
Yadav had argued that the CBI’s inquiry, FIR, and subsequent chargesheets were invalid due to the absence of mandatory prior sanction under Section 17A. However, the court chose not to intervene at this stage, instead allowing the trial process to address these issues in detail.
The ruling aligns with an earlier decision of the Delhi High Court, which had also refused to quash the FIR, stating that due process had been followed and rejecting claims that the investigation was legally unsustainable.
The case relates to alleged irregularities in Group D appointments in the West Central Railway zone during Yadav’s tenure as Railway Minister between 2004 and 2009. Investigators allege that jobs were granted in exchange for land parcels that were transferred to Yadav’s family members or associates.
With the Supreme Court’s decision, the trial will proceed, while leaving the door open for Yadav to contest key legal aspects before the trial court.
