"Trying to demean judge": CBI opposes transfer of cases against Lalu Yadav and family from Judge Vishal Gogne

The Central Bureau of Investigation (CBI) on Saturday opposed former Bihar Chief Minister Rabri Devi's plea for the transfer of criminal cases against her and her family members from Judge Vishal Gogne of the Rouse Avenue Courts to any other judge.

Special Public Prosecutor (SPP) DP Singh appeared for the CBI and stated that Devi cast aspersions on the judiciary and that Judge Gogne was following the procedure established by the courts and his predecessors in his dealings with the case.

He said that an accused cannot “bulldoze a court” or “demean the judge”.

“You can’t bulldoze a court, you can’t go forum shopping, you can’t demean a judge,” he told Principal District and Sessions Judge Dinesh Bhatt, who was hearing Rabri Devi's petition.

The submission was made after Devi moved the Court seeking transfer of four cases pending before Judge Gogne, where she and several of her family members have been made accused.

These include the IRCTC scam case and the alleged cash-for-jobs case, and the money laundering proceedings associated with them.

On October 13, Judge Gogne had framed criminal charges against Lalu Yadav, Rabri Devi, Tejashwi Yadav and several others in the IRCTC case.

In her plea, Rabri Devi has accused the judge of being biased and stated that he is conducting the trials against her and her family members with a premeditated mind.

According to her plea, the judge is "unduly inclined" towards the prosecution.

The judge's conduct affects the neutrality expected from him and has created a "reasonable likelihood of bias" in Devi's mind, the plea alleged.

The CBI challenged these assertions. On Rabri Devi’s argument that Judge Gogne pronounced the order on charge against her and her family members in both Hindi and English and then asked them how they pleaded to the charges to attract undue public attention, DP Singh said that the judge was only discharging his constitutional duty. 

“It is the duty of the court to read and explain to the accused the charges framed against them and then ask whether they plead guilty or not…  How else is a court supposed to ask this question? Is it a circumstance that will show personal bias or is a circumstance showing that a judge is fulfilling the duty cast on him?” he stated. 

Singh also challenged the allegation that Judge Gogne deliberately kept deferring the order on charge in the IRCTC scam to coincide it with the implementation of the model code of conduct for the Bihar elections. 

The SPP stated that the Court was seeking clarifications from the agency on certain aspects of the case, a step necessary for the judge's conscience. 

“How many times has my lord sought clarifications. Because that is for my lord’s clarity... It is for the clarity of the judge and his conscience that he was asking the questions,” Singh said. 

The arguments in the case will continue on December 15.

Senior Advocate Maninder Singh appeared for Rabri Devi.

Special Public Prosecutor (SPP) DP Singh represented the CBI.