Land-for-jobs case: Yadav can raise Section 17A issue during trial
What's the story
The Supreme Court has permitted Rashtriya Janata Dal (RJD) Chief Lalu Prasad Yadav to raise the issue of the applicability of Section 17A of the Prevention of Corruption Act during his trial in the alleged land-for-jobs case, Livelaw reported. The case, investigated by the Central Bureau of Investigation (CBI), pertains to railway appointments made between 2004 and 2009 when Yadav was Union Railway Minister. The court also exempted him from personal appearance during the trial proceedings.
Legal proceedings
Yadav can raise legal issue at trial
The bench, comprising Justice MM Sundresh and Justice N Kotiswar Singh, allowed Yadav to raise this legal issue at trial. The court clarified that an earlier High Court order refusing to quash the case wouldn't prevent him from doing so. The CBI's case alleges that candidates transferred land to Yadav's family in exchange for jobs during his tenure as Union Railway Minister.
Case arguments
ASG argues against S17A's applicability
Additional Solicitor General SV Raju argued that Section 17A only applies if the accused is the decision-making or recommending authority. He contended that Yadav was neither, and hence prior approval wasn't needed. However, Justice Sundresh raised concerns over whether recommendations were made informally at Yadav's behest. Senior Advocate Kapil Sibal, representing Yadav, argued against this view, citing the High Court's earlier ruling on Section 17A's prospective operation.
Previous ruling
Delhi HC earlier ruled on plea dismissal
The Delhi High Court had earlier dismissed Yadav's plea to quash the FIR, three charge sheets, and the trial court's cognizance orders. The court held that Section 17A operates prospectively and doesn't apply to offenses committed between 2004 and 2009. It also found alleged acts against Yadav weren't linked to official functions. The court ruled the absence of prior approval wouldn't invalidate preliminary inquiries or cognizance orders.