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CBI may back Bihar's plea against Lalu
With Bihar government deciding to challenge railway minister Lalu Prasad's acquittal in a disproportionate assets (DA) case, CBI has been left with no option, despite the Centre's reluctance to pursue proceedings against an UPA heavyweight, but to side with the state when the matter comes up before the Patna High Court.
The development, a first of its kind when a state government plans to step in to thwart what it suspects will be the Centre's attempt to ``misuse'' CBI by not giving consent for appeal against acquittal in certain cases, appeared to have put the agency on notice. CBI cannot very well disagree with the state's appeal in a case that it was itself investigating. Though officials tried to present a brave face, saying CBI too was thinking of going in for appeal, they had no answers when asked about the delay. As per rules, the agency has to take consent from the law ministry before moving a higher court within the stipulated period of 90 days. Incidentally, the agency, still looking at the fine print of the designated court's order acquitting Lalu and his wife Rabri Devi, has already lost over 40 days in the process. Sources said the file was lying with the directorate of prosecution which would look at the order before moving it for request to the law ministry. Click on "Full Story" for more... By Dr arvind, Section News Posted on Tue Jan 30, 2007 at 03:35:25 AM EST
Doubts have already been raised in certain quarters over the role of the law ministry. Going by the way Centre came to the rescue of Italian businessman Ottavio Quattrocchi in the Bofors case and Satish Sharma in petrol pump-scam case, it would not be a wonder if the ministry sits over the file in the DA case of Lalu-Rabri duo too. In both cases, CBI was made to swallow its own contentions.
But what if the Bihar government first moves the HC against the acquittal without waiting for what the law ministry or the CBI is up to? A senior CBI official said the agency would have to take the state's side as the latter had the right to intervene in the matter. Since the case was investigated by the agency, it would take up the case further whatever the law ministry's stance, the official added. Reluctance of the CBI, however, is also evident. The agency, which expressed desire to go in for appeal against the acquittal in December last year, is still not sure how to go about it. The Bihar government's decision, particularly in light of its advocate-general P K Shahi's recent statement, has made the sleuths speed up the file from their end to skirt the blame of being partisan. From:- TOI, JAN-30,07
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