Fodder scam case: SC refuses change of trial judge Tuesday, March 15 2005 14:08 Hrs (IST) - World Time -
New Delhi:
The Supreme Court, hearing the petition seeking cancellation of bail of Union Railway Minister Laloo Prasad and former Bihar Chief Minister Rabri Devi in the fodder scam and disproportionate assets cases, today (Mar 15, 2005) resented the judges of Apex Court being "approached" for the change of the trial court judge in Patna hearing the fodder scam case.
The Bench comprising Justices S N Variava, AR Lakshmanan and S H Kapadia said, "Somebody had approached Justice Variava for change of trial court judge who is hearing the fodder scam trial."
Justice Variava said, "This will not happen" and posted the matter for further hearing on April 12.
The CBI and the Income Tax Appellate Tribunal (ITAT) have filed their replies pursuant to the court's notice on a petition filed by Rajiv Ranjan and Sushil Modi, seeking cancellation of bail of Laloo Prasad and Rabri Devi.
In the wake of allegations that the United Progressive Alliance (UPA) Government was trying to "dilute" the fodder scam and Income Tax cases against Laloo Prasad and Rabri Devi, the Supreme Court had on February 22 sought "every possible" detail of proceedings in these cases.
It had also directed CBI to place on record as to how and why the long-standing public prosecutor in the Rs 900 crore-fodder scam cases at Patna and Ranchi was replaced with Oma Shankar Mishra.
On the allegations that "specific officers" were posted on deputation at Income Tax Appellate Tribunal at Patna, to dismiss income tax demand of nearly Rs 40 lakh from Rabri Devi and Laloo Prasad, the Bench had asked the Tribunal president to give details in sealed cover within three weeks as to why such deputation was made and also the daily order sheets of the Tribunal in the cases.
The Bench wanted to know, as to whether R K Tyagi was sent on deputation for two weeks to ITAT at Patna and also "why and when" the other two officers Mohan Raj and M K Sarkar were posted at ITAT.
The Public Interest Litigation (PIL) filed by Bharatiya Janata Party (BJP) leader Sushil Kumar Modi and Janata Dal United (JD-U) leader Rajiv Ranjan alias Lallan had sought cancellation of the bail of Laloo Prasad and Rabri Devi for interfering in the fodder scam and disproportionate assets cases against them.