Lalu fodder scam case: SC defers hearing on bail to January 2024
Putting Lalu Prasad Yadav back in jail will be difficult, the Supreme Court observed on Tuesday while deferring the hearing on a petition filed by the Central Bureau of Investigation (CBI) challenging the bail granted to the Rashtriya Janata Dal (RJD) chief in the fodder scam case. The matter will now be heard in January.
The statement was made by a bench of justices AS Bopanna and MM Sundresh while hearing the CBI’s appeal opposing the bail given by the Jharkhand high court in April last year to the 74-year-old former Union minister and ex-Bihar chief minister.
“Even if we answer in your favour, it will be difficult to put him back (in prison),” the bench said, noting that the veteran politician has been released on bail in separate fodder scam cases, some that were passed four years ago.
Additional solicitor general (ASG) SV Raju appearing for the premier investigation agency informed the Court that the issue involved determination of a short question of law related to interpretation of sentence by the trial court.
It was CBI’s case that the high court granted bail under an “erroneous assumption” that the sentences awarded in each of the multiple fodder scam cases is to run “concurrent” and not “consecutive”.
The CBI in its appeal told the apex court that the high court committed an error in concluding that Lalu had undergone half the sentence. According to CBI, Lalu’s sentence was to run consecutively, one after the other, that would result in a 14-year sentence. At the time of granting bail, Lalu had only undergone about one year imprisonment, the CBI plea stated.
The RJD supremo was represented in Court by senior advocate Kapil Sibal, who questioned the anxiety of the investigating agency to seek hearing in an appeal filed after a delay of nearly 14 months. “The only purpose they have is to keep him inside (jail) so that he is not out during the 2024 general elections.”
Sibal pointed out that his client has been released by the HC considering his medical condition and advanced age. He underwent a kidney transplant recently and had already served a sentence of 42 months in the fodder cases.
As the matter was fiercely contested by both sides, the bench agreed to fix the matter for hearing in the last week of January 2024.
In August when the matter was last heard, the CBI pointed out that while out on medical bail, the accused was seen playing badminton. Along with the agency’s plea, there are separate petitions pending in the top court filed by the Jharkhand government challenging earlier orders of bail granted to the RJD chief.
The ₹950 crore fodder scam involved large disbursals from state treasuries based on fake bills during 1997 when Lalu was the chief minister and held the state finance portfolio. He was convicted in five cases related to fraudulent withdrawal of money from state treasuries situated in Deoghar, Dumka, Chaibasa and Doranda during the relevant period.