Biswas questions Centre’s stand in Lalu’s DA case
Patna,(BiharTimes): The then CBI Joint Director (East) U N Biswas, who had investigated the Disproportionate Assets case against the RJD chief Lalu Prasad and Rabri Devi, on Thursday questioned why the Centre did not make any appeal when there was a “water-tight case”.
“The case was really strong because it was filed under Prevention of Corruption Act against a public servant. It surprises me that the Centre did not take any initiative to appeal,” he was quoted by PTI.
“The CBI has a very elaborate system of investigation. Before filing a case, the agency does a preliminary inquiry and then on the basis of that inquiry a collective decision is taken after examining the legal aspects of the case,” he said.
“It also requires sanction for prosecution from the Governor. In the case, which was a water-tight one, all procedures were strictly followed and an over 200-page chargesheet was filed against the then Railway Minister in court,” he said.
“The court acquitted him mainly on the evidence of Income Tax return, so the Central government and the CBI should have challenged the acquittal,” Mr. Biswas said.
He said the Supreme Court was justified in holding that the Bihar government did not have the authority to file an appeal against the acquittal of the RJD chief and his wife.
“The reason is purely legal and has got nothing to do with the merit of the case,” he said.
He pointed out that the CBI could not make a suo moto appeal and it was the Central government’s jurisdiction to appeal through the investigating agency, which did not do so.
Congress flays Modi’s remark on SC ruling on Lalu
Patna,(BiharTimes): The Congress party on Thursday strongly denounced the remarks of Bihar deputy chief minister Sushil Kumar Modi, which suggested that the party helped Lalu Prasad get relief by the Supreme Court in the Disproportionate Assets case.
Talking to newsmen party spokesperson Dr Shakeel Ahmed said in New Delhi on Thursday that the statement amounts to contempt of court.
He said that Modi has no right to engage in contempt of the Supreme Court or any other court.
Modi, it needs to be recalled, said that it was clear from the very beginning that the CBI is supporting him. The CBI should have appealed against the judgment of the lower court but only because of the influence of Lalu, CBI never went in for appeal. According to him the RJD had 24 MPs, which was very crucial for the survival of the first UPA government.
Dr Shakeel Ahmad refused to comment on the SC order, which held that Bihar government cannot appeal in the place of CBI against their acquittal by a trial court.
Yesterday, I had mentioned why the CBI could not function properly as it had to dance to the tune of the central government.
Here we have no less a person than the joint director of the CBI, Mr. U N Biswas, confirming my views.
Unless the CBI is removed from the Home Ministry and put under direct supervision of the Chief Justice of the Supreme Court, the CBI will always act like a chamaleon, changing its colour as per dictates of the Central government.
And did you notice how the congress was bristled when Modi pointed an accusing finger at the congress.
No matter how much the congress denies it but we know the the party was responsible tor weakening the cases against Lalu Yadav and Shibu Soren, who got away with murder.
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