Fourth fodder scam case: Lalu Prasad convicted, Jagannath Mishra acquitted

Agencies
March 19, 2018

New Delhi, Mar 19: Lalu Prasad was today convicted by the special CBI court in the fourth fodder scamcase relating to alleged withdrawal of Rs 3.13 crore from the Dumka treasury over two decades ago.

However, former Bihar Chief Minister Jagannath Mishra found not guilty in the case. In total, 12 accused have been convicted, while five have been acquitted.

A fifth case relating to alleged fraudulent withdrawal of Rs 139 crore from the Doranda treasury in Ranchi is pending with the court.

Lalu Prasad was admitted to a hospital on Saturday for treatment after he complained of chest pain.

The court had postponed the judgement on Thursday in view of the Lalu Prasad's counsel filing a petition under 319 CrPC asking the then three officials of the Accountant General (in the 1990s) be made a party to the case.

Section 319 Cr PC is invoked when there is some strong and cogent evidence against the accused.

Prasad's counsel said he had filed the petition on March 14 and re-submitted it yesterday after correcting some typographical mistakes.

The special CBI court of Shiv Pal Singh allowed admission of the petition.

After perusal of records, the court found prima facie case and the petition filed on March 14 was allowed.

Apart from Prasad and Mishra, 29 others including former IAS officers and animal husbandry officials are accused in the Dumka Treasury case.

Prasad had already been convicted in three fodder cases while Mishra was convicted in two fodder cases.

A special CBI court on January 24, sentenced Lalu Prasad and Jagannath Mishra to five years in jail in a fodder scam case related to fraudulent withdrawal of Rs 37.62 crore from the Chaibasa treasury.

On January 6, a special CBI court had sentenced Prasad to three-and-a-half years in jail and fined him Rs 10 lakh in a fodder scam case relating to fraudulent withdrawal of Rs 89.27 lakh from the Deoghar Treasury 21 years ago.

In 2013, Prasad was convicted in the first fodder scam case involving withdrawal of Rs 37.7 crore from the Chaibasa treasury.

Prasad has been lodged in the Birsa Munda jail at Ranchi since December 23 last year after being convicted in the second case pertaining to illegal withdrawal of money from the Deogarh treasury.

The over Rs 900-crore fodder scam cases relate to illegal withdrawal of money from government treasury in different districts in the animal husbandry department in undivided Bihar in 1990s when RJD was in power in the state.

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News Network
November 19,2024

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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