A Delhi Court on Wednesday rejected pleas by former Bihar Chief Minister and Rashtriya Janata Dal (RJD) President Lalu Prasad Yadav and his wife Rabri Devi seeking supply of documents not relied upon by the prosecution in the land-for-jobs case.
Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts rejected the applications moved by the two, along with similar pleas by other accused, holding that there is no automatic right to obtain documents that the prosecution has not relied upon in its chargesheet.
The Court clarified that the scheme of criminal trial requires the prosecution to first lead its evidence based on relied documents, and that unrelied documents cannot be demanded as a precondition for cross-examination.
“In the absence of even a fledgling defence or a minimum projection of his defence, the accused cannot be permitted to introduce wanton documents into trial. The court does not find any prejudice to be caused if the self serving prayer of the applicant is not accepted,” the Court said.
The case concerns allegations by the Central Bureau of Investigation (CBI) that during his tenure as Union Railway Minister between 2004 and 2009, Lalu Prasad Yadav facilitated appointments to Group D posts in the Railways in exchange for land parcels transferred to his family at nominal prices.
According to the agency, several job seekers or their relatives allegedly sold or gifted land in Patna and other locations to Yadav’s family members and associated entities, without any public recruitment process, as part of a quid pro quo arrangement.
The Yadav family has denied the allegations, stating that they are politically motivated.
The accused argued that access to unrelied documents was necessary to effectively cross-examine key prosecution witnesses including approvers.
However, the Court found that such a demand would distort the trial process and shift its focus away from the evidence relied upon by the prosecution.
The Court rejected the argument that providing such documents would not prejudice the prosecution. It emphasised that legal procedure cannot be bypassed merely for convenience.
“A thing or an act shall not be done only because it can be done. Unrelied documents cannot be provided as a matter of across the board practice only because these can be provided. Such recourse would run contrary to the long line of decisions emanating from the Hon’ble Supreme Court where it has rather been held that only a list of unrelied documents is to be provided to the accused and such documents can be ordinarily sought only at the stage of defence evidence,” observed the Court.
The Court underscored that while the accused are entitled to a fair trial including the right to seek documents in appropriate cases, such requests must be made at the correct stage and supported by specific reasons.
It further noted that the accused had already been provided with a list of unrelied documents and given the opportunity to inspect them during the investigation stage.
Highlighting the absence of any exceptional circumstances, the Court declined to deviate from the settled legal position.
“The court does not detect any circumstances of non ordinary nature which would justify the supplanting of trial upon relied documents by a trial upon unrelied documents,” it held.
Senior Advocate Maninder Singh appeared for Lalu Yadav and Rabri Devi.
CBI was represented through Additional Solicitor General (ASG) DP Singh.
[Read Order]