Supreme Court refuses to entertain Lalu Prasad Yadav plea for stay on trial in land-for-job scam

The Supreme Court on Friday refused to entertain Rashtriya Janata Dal (RJD) Chief Lalu Prasad Yadav's plea against Delhi High Court's refusal to stay trial court proceedings against him in the land-for-jobs scam case.

Yadav had moved the High Court seeking quashing of the First Information Report (FIR) registered against him by the Central Bureau of Investigation in 2022. He had urged the Court to stay the trial court proceedings during the pendency of the plea.

On May 29, the High Court issued notice to the CBI but found no compelling reasons to stay the proceedings before the trial court.

Yadav then moved the top court, arguing that trial cannot proceed without mandatory sanction under Section 17A of the Prevention of Corruption Act.

The Bench of Justice MM Sundresh and Justice N Kotiswar Singh after hearing brief arguments in Yadav's plea said it would ask the High Court to decide the main petition that seeks quashing of the CBI case.

The Court then proceeded to direct the High Court decide the matter expeditiously.

Meanwhile, in a relief to Yadav, the Court said that his presence before the trial court may be dispensed with.

CBI has alleged that various residents of Bihar during 2004-2009 were given jobs after they or their family members transferred their land in the name of family members of Lalu Prasad Yadav, then Railway minister.

Before the top court, he has argued that “the very registration of the PE and FIR/RC requires a prior sanction/approval of the competent authority” and the CBI “failed to obtain the legal bar/sanction before registration.”

The FIR was registered in 2022 and similar allegations were already investigated between 2009 and 2014 and closed by competent authorities, Lalu's plea said. Calling the investigation a violation of his fundamental rights, Yadav said,

“The Petitioner had to suffer through an illegal motivated investigation which is prima facie violative of his fundamental right to have a fair investigation as enshrined under Article 21 of the Constitution of India.”