The Central Bureau of Investigation (CBI) on Tuesday opposed RJD chief Lalu Prasad Yadav’s petition seeking quashing of its FIR and subsequent chargesheets in the land-for-jobs scam, contending before the Delhi High Court that the former railway minister’s actions did not fall within the scope of his official duties and thus did not require prior sanction under the Prevention of Corruption Act.
Appearing before Justice Ravinder Dudeja, Solicitor General S V Raju argued that decisions regarding appointments in the Railways were to be made by general managers and not by the minister. “In discharge of his official duties or functions, he (Lalu) was not required to make any recommendation or take a decision. Therefore, whatever recommendation is made, it was not in discharge of his official duties,” Raju submitted.
Raju further maintained that under Section 17A of the Prevention of Corruption Act, no prior approval was required to initiate proceedings against Lalu, since the alleged actions were outside the realm of his official responsibilities. “In matters of appointment, the railway minister had no role. It was not relatable to the discharge of his public duties as a railway minister. So, Lalu had no role,” he added.
Additional Solicitor General D P Singh, also appearing for the CBI, informed the court that prior sanction under Section 17A had been duly obtained for the general managers involved in the case.
Justice Dudeja listed the matter for further hearing next week.
The CBI had registered the FIR on May 18, 2022, against Lalu Prasad Yadav and several others, including his wife, two daughters, unidentified public officials, and private persons. The case pertains to alleged irregularities in Group D appointments made in the West Central Railway Zone, Jabalpur, during Lalu’s tenure as Union Railway Minister between 2004 and 2009.
According to the agency, individuals were appointed in the Railways in return for land parcels that were allegedly transferred or gifted to Lalu’s family members or associates.
The FIR was followed by three chargesheets filed in 2022, 2023, and 2024.
Lalu has moved the Delhi High Court seeking to quash the FIR, all three chargesheets, and the orders taking cognisance. Senior advocate Kapil Sibal, appearing for the former Union Minister, argued that the CBI failed to obtain mandatory prior approval under Section 17A of the Prevention of Corruption Act, rendering the enquiry, FIR, and subsequent investigation illegal.
Sibal pointed out that the initial inquiry and investigation into the same matter had earlier been closed by the CBI through a closure report. The reopening of the investigation after 14 years, and without disclosing the earlier closure, was termed by the petitioner as an “abuse of process of law.”
The petition contends that the entire investigation is void ab initio for lack of prior sanction under Section 17A, which is designed as a safeguard against motivated or politically-driven proceedings. “The present scenario of regime revenge and political vendetta is exactly what Section 17A seeks to restrict,” the plea states.
It further asserts that proceeding with the case without such statutory approval constitutes a jurisdictional error and violates Lalu’s fundamental right to fair investigation.
The case will be heard next week.
