Supreme Court refuses to quash FIR against Lalu Prasad in land-for-jobs case
Court allows Lalu to raise sanction issue during trial, grants exemption from appearance
L'essentiel
The Supreme Court has refused to quash the FIR against Lalu Prasad in the land-for-jobs case but granted him exemption from appearance before the trial court and allowed him to raise the issue of sanction requirement during the trial.
Résumé généré par IA
Pourquoi c'est important
The land-for-jobs case involves allegations of corruption against Lalu Prasad, where it is alleged that railway jobs were given in exchange for land. Section 17A of the Prevention of Corruption Act requires prior approval for conducting inquiries against public servants.
In a setback to Lalu Prasad, the Supreme Court on Monday refused to quash the FIR against him in the land-for-jobs case but granted him exemption from appearance before the trial court and also allowed him to raise the issue of requirement of sanction during the trial.
"We do not say anything about the issue pertaining to the application of Section 17A (of the Prevention of Corruption Act) on whether it is prospective or retrospective. Taking into consideration the facts and the circumstances, liberty is granted to the petitioner to raise the legal issue at the time of the trial," a bench of Justices M M Sundresh and N Kotiswar Singh said.
Opposing Lalu's plea, additional solicitor general S V Raju, appearing for CBI submitted that the Section 17A would be invoked only if the accused was a decision-making authority. He said prior approval against him under Section 17A was not required as he was neither the person who took the decision nor the recommending authority.
Section 17A of the Prevention of Corruption Act provides that no inquiry or investigation shall be conducted by a police officer into any offence alleged to have been committed by a public servant under the law without prior approval from the appropriate authority.
Senior advocate Kapil Sibal, appearing for Lalu, said that there cannot be any investigation until the authorities get the sanction. "At least a final order may not be passed. Other matters are pending on the same issue and we don't get any relief. This is not fair," he said when the bench declined the relief.
On March 24, Delhi HC refused to quash a CBI FIR in the case involving Lalu.
À surveiller
Perspective IA — des possibilités, pas des certitudes
The trial court will hear arguments on the applicability of Section 17A of the Prevention of Corruption Act.
Très probable · En quelques semaines
Lalu Prasad will likely seek further legal avenues if the trial court's decision on Section 17A is unfavorable.
Probable · En quelques mois
The CBI will continue to pursue the land-for-jobs case against Lalu Prasad.
Très probable · En cours
Questions ouvertes
- What will be the outcome of the trial regarding the Section 17A issue?
- Will Lalu Prasad be required to appear in court for future proceedings?
- What are the specific legal arguments regarding the prospective or retrospective application of Section 17A in this case?
