NEW DELHI: The Supreme Court on Friday refused any relief to former Bihar Chief Minister and RJD supremo Lalu Prasad Yadav, challenging the Delhi High Court's order rejecting his plea for a stay on the trial court proceedings in a case related to land-for-jobs scam.
Taking up his special leave petition, a bench of Justices M M Sundresh and Justice N Kotiswar Singh said, "We will not stay the High Court order, however, we can direct his personal presence during the trial to be dispensed with."
The bench told his counsel, senior advocate Kapil Sibal, "This is such a small matter, let the matter continue before the High Court."
On May 29, the Delhi HC said -- while dismissing Yadav's petition for stay of the trial in the land-for-jobs scam case -- that there were no compelling reason to stay the proceedings.
Earlier, the HC had issued notice to the CBI on Yadav's plea for quashing of the CBI FIR and posted the hearing on August 12.
Sibal contended that it was the most unfortunate case. He said the CBI filed the FIR in 2022 for allegations about the period when Yadav was the minister from 2004 to 2009. He said the probe could not have started without the sanction under the Prevention of Corruption Act’s Section 17-A.
Contesting the plea, Additional Solicitor General S V Raju for the CBI said the High Court was yet to decide the matter. He also said no prior sanction was required in case of Yadav.
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The CBI had registered the case on May 18, 2022, alleging that between 2004 and 2009, Yadav had allegedly exploited his ministerial position to secure land transfers for his family in exchange for Group "D" railway jobs.
It was alleged these appointments were made without any public job advertisements. Investigations revealed that senior officials in the West Central Railways (WCR) facilitated these appointments under Yadav’s direction.
According to the CBI, these appointments did not align with the Indian Railways' established standards and guidelines for recruitment.
The CBI also conducted searches across multiple locations, including Delhi and Bihar, to gather evidence.
On June 7, the CBI filed a detailed charge sheet against Yadav, his family members, and 77 other persons, including 38 job seekers.
The court had previously expressed concerns over delays in the investigation and mandated the CBI to present its final charge sheet promptly.
In October last year, the court had granted bail to Lalu and his sons in a related case registered by the Enforcement Directorate (ED).
The former CM, seeking stay of the trial, said that the FIR was lodged in 2022, almost after a 14-year delay, despite the CBI's initial enquiries and investigations being closed after filing of closure report before the competent court.
Claiming innocence in the case, Yadav, in his appeal, said the initiation of the fresh investigation was nothing but an abuse of the process of law.
He claimed he was being made to suffer through an illegal, motivated probe, in violation of his right to a fair investigation.
