Tuesday, December 6 2005 16:49 Hrs (IST) - World Time -

Patna: The criminal writ petition of absconding former Union Minister Jaiprakash Narain Yadav challenging issue of non-bailable warrant of arrest against him by a Jamui court was today (Dec 6, 2005) adjourned for tomorrow.

Since the Government advocate Lalit Kishore is still to complete his argument defending issue of NBW and application of Section 409 (criminal breach of trust by public servant) of IPC by in-charge chief judicial magistrate of Jamui against Yadav on October 24, Justice Mridula Mishra adjourned the hearing for tomorrow.

A battery of defence lawyers, including noted Supreme Court Advocate R K Jain have already completed their arguments alleging that the lower court transgressed its jurisdiction and without investigating the material evidence accepted the investigating officer's prayer to add section 409 of IPC against their client and issued NBW.

They termed the CJM order as 'prejudiced' and 'malafide' and prayed for quashing of the order.

Government counsel Lalit Kishore defended the lower court's decision and argued that since the probe into the matter was on, any interference by the high court at this stage will tantamount to killing an unborn child.

He argued that the court allowed the investigating officer's prayer for application of an additional section on the plea of the police that they had sufficient material evidence for the same. Kishore will continue his argument tomorrow.

Yadav had to resign from the Union Government after an NBW was issued against him for securing illegal release of his brother and Rashtriya Janata Dal (RJD) nominee Vijay Prakash from police custody and his anticipatory bail application was rejected by a Jamui court in October last.