New Delhi: In a setback to Lalu Prasad Yadav, the Delhi High Court has refused to quash a CBI FIR in the land-for-jobs case involving him and his family.
The court rejected Yadav's contention that the agency's action was legally unsustainable in the absence of prior sanction under Section 17A of the Prevention of Corruption Act.
Justice Ravinder Dudeja said the section was introduced in 2018 with prospective effect, whereas the allegations date back to 2004-2009.
The court was 'persuaded' by the agency's stand that permitting a belated challenge on a technical plea relating to prior approval would defeat the 'orderly administration of criminal justice'.
The 'land-for-jobs' case is related to Group D appointments made in the West Central Zone of the Indian Railways in Jabalpur, Madhya Pradesh, during Yadav's tenure as the rail minister between 2004 and 2009.
Yadav had contended that the inquiry, FIR, as well as the investigation and subsequent chargesheets in the matter were legally unsustainable in the absence of prior sanction taken by the CBI under Section 17A of the Prevention of Corruption Act.
The court said that Section 17A, which was introduced in 2018, was prospective in operation and, therefore, has no application to the present offences.
The court also said that the provision did not apply to this case as the alleged act was not related to any recommendations or decisions Yadav made while discharging his official functions or duties as the railway minister.
The case was registered on May 18, 2022, against Yadav and others, including his wife, two daughters, unidentified public officials and private persons.
Yadav, 77, and the other accused are currently out on bail.
