The Delhi High Court held a hearing on Monday, September 8th, regarding the land-for-jobs case, a matter involving former Railway Minister and RJD leader Lalu Prasad Yadav. During the proceedings, Yadav’s legal counsel presented arguments seeking the quashing of the CBI FIR. Senior advocate Kapil Sibal, representing Yadav, contended that the FIR was filed without obtaining the required approvals. Sibal argued before Justice Ravinder Dudeja that the PC Act mandates approval before an FIR can be registered, which was not followed in this instance. He emphasized that the CBI had initiated the FIR without the compulsory clearance under the Prevention of Corruption Act.
Sibal maintained that the entire investigation was unlawful, stating that it couldn’t commence without the necessary approvals. He highlighted the requirement for approval, given Yadav’s role as Railway Minister. The demand, he clarified, was limited to annulling the FIR, preventing the investigation from progressing. Detailing the accusations against Lalu Prasad to the court, Sibal outlined the allegation that Yadav, while serving as Railway Minister, offered Group D positions to individuals in exchange for land. He also faced accusations of pressuring railway officials to employ candidates based on fraudulent certificates. Yadav’s defense centers on his assertion that he did not personally recommend anyone, claiming any actions were carried out by Indian Railway officers. He questioned why he was being prosecuted if there was no evidence of his direct involvement, questioning why the authorities didn’t seek permission for the officers’ actions, asserting they acted with utmost care. They must first conduct the investigation. Cognizance will be considered later.
Further, Kapil Sibal stated the requirement for approval, because Lalu Yadav was carrying out his official duties as Railway Minister. He argued that the lack of approval is being challenged, rendering the FIR and subsequent investigation invalid. They are concerned only about getting the RC cancelled. According to Sibal, initiating an FIR and an investigation without approval is invalid. Yadav’s defense is that the CBI’s FIR lacks sufficient justification and should be dismissed.
Following the arguments presented by Kapil Sibal, the court clarified that the absence of approval would only pertain to offenses under the PC Act, not the IPC. The next hearing in this case is scheduled for September 25th.