Giving a big jolt to the former Bihar Chief Minister lalu Prasad, the Jharkhand High Court on Monday rejected a petition filed by him seeking transfer of fodder scam case RC20A/96 to any other court from the court of Pravas Kumar Singh.
The court also rejected the petition filed by lalu seeking appearance of former vigilance SP Bimlesh Prasad Sinha for being examined by the defence. The court had kept its orders reserved on Friday.
The court, however, granted 10 days' time to the defence for its arguments in the case. The CBI court had directed the defence to file its arguments before July 1.
"The court rejected both the petitions filed by us saying that these have been filed to delay the case," said lalu's counsel Prabhat Kumar. "We have been given liberty to file our arguments within 10 days," added Kumar.
On challenging the HC order in the apex court, Kumar said we will first examine the order and then decide about our future course of action.
Veteran lawyer Ram Jethmalani, appearing for lalu on Friday, in his arguments before the court, had expressed doubts that lalu might not get justice from the present designated CBI judge PK Singh as he is socially and politically related to the petitioners' counsel PK Shahi.
According to the petition filed by lalu, the petitioner's counsel and JD(U) leader PK Shahi was the first cousin of CBI judge Pravas Kumar Singh's wife. Genealogical chart as well as other relevant photographs, depicting their social and political relationship had also been attached with the petition.
Jethmalani also alleged that the CBI court was acting in haste and seemed to be in a hurry to come to the conclusion and finish the case. The prosecution took over 12 years to conclude in the case but wants the defence to conclude it within a week's time, he said.
The petition also said that as 350 witnesses were produced before the court but the out of a list of 79 witnesses produced by the defence, the CBI court curtailed it to 9 only.
Out of the 54 accused in RC20A/96 all the other accused have completed their arguments except lalu who has moved the high court on 'trivial' issues. RC20A/96 relates to the alleged fraudulent withdrawal of Rs 37.7 crore from Chaibasa treasury in the 1990s.
The court also rejected the petition filed by lalu seeking appearance of the former vigilance SP Bimlesh Prasad Sinha for being examined by the defence. Sinha was also an investigating officer in the case.
According to the CBI court order of June 20, July 15 had been fixed for the date of Judgment on which all the accused persons were directed to be physically present in the court. The CBI court had directed all the accused persons in the fodder scam case RC20A/96, including former Bihar Chief Ministers lalu Prasad and Jagannath Mishra to be present physically on July 15, the day of judgement fixed by the court.