Supreme Court refuses to quash land-for-jobs case against Lalu Prasad Yadav

NEW DELHI: The Supreme Court on Monday declined to quash the CBI FIR and charge sheets against RJD chief Lalu Prasad Yadav in connection with the alleged land-for-jobs scam.

A bench of Justices M.M. Sundresh and N. Kotiswar Singh, while disposing of Yadav's plea challenging the Delhi High Court order refusing to quash the corruption case, granted him liberty to raise legal objections during trial and exempted him from personal appearance before the trial court.

 "After hearing senior counsel for the parties, the issue pertaining to whether the application of the provision is prospective or retrospective is left open. Liberty is granted to the petitioner to raise the issue at the time of trial," the Justice Sundresh-led Bench said.

The apex court clarified that it was not expressing any view on the contentious issue relating to the applicability of Section 17A of the Prevention of Corruption Act, which mandates prior sanction for initiating investigation against public servants for acts done in discharge of official duties.

It further observed that the impugned order of the Delhi High Court refusing to quash the matter would not preclude the petitioner from raising the legal contention before the trial court.

Senior advocate Kapil Sibal, appearing for Yadav, contended that prior sanction under Section 17A of the Prevention of Corruption Act was mandatory before initiation of investigation since the allegations related to acts purportedly done by Yadav in discharge of his official functions as the then Union Railway Minister. (IANS)

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