New Delhi (IANS): The Supreme Court of India on Tuesday scheduled April 22 for the final hearing on a batch of appeals filed by the Central Bureau of Investigation (CBI) challenging the suspension of sentence granted to former Bihar Chief Minister Lalu Prasad Yadav and other convicts in the fodder scam cases.
A Bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh said the matters would be taken up for final disposal on April 22, observing that several of the accused were now of advanced age.
Appearing for the CBI, Additional Solicitor General S.V. Raju argued that the Jharkhand High Court had violated settled legal principles governing post-conviction suspension of sentence. He contended that once a conviction had been recorded, suspension of sentence could not be granted without any significant change in circumstances.
“This is post-conviction bail. The sentence has been suspended illegally. It cannot be done,” ASG Raju submitted, adding that Lalu Prasad and other accused were “illegally out”.
Senior advocate Kapil Sibal, appearing for Lalu Prasad Yadav, opposed any urgency in the matter. He pointed out that in connected appeals, several accused had either not been served notices or had not filed their replies.
“There is no need for such excitement. There are other accused, some haven’t even filed replies,” Sibal said.
Taking note of the submissions, the Justice Sundresh-led Bench remarked that all parties were aware of the legal questions involved. The court observed that the respondents were in their 60s, 70s, and late 80s, and that their sentences currently stood suspended. It also clarified that cases involving respondents who had died would be formally closed.
The fodder scam pertains to fraudulent withdrawals of nearly Rs 950 crore from the state treasury between 1992 and 1995, when Lalu Prasad Yadav was Chief Minister of undivided Bihar and also held charge of the Animal Husbandry Department. He was convicted in cases linked to withdrawals from the Deoghar, Dumka, and Chaibasa treasuries, now located in Jharkhand.
In July 2019, the Jharkhand High Court granted Lalu Prasad Yadav bail in one of the fodder scam cases and suspended his sentence. The CBI subsequently moved the Supreme Court, which issued notice in February 2020. The agency has also sought enhancement of his sentence, describing the offence as a serious economic crime committed by a public servant holding high office.
