High Court admits Bihar plea against Lalu acquittal

“CBI court did not consider all evidence”
CBI court relied more on IT tribunal order in exonerating him
Justice Datta calls for entire record for “re-appreciation”
PATNA: The Patna High Court on Thursday admitted the Bihar government’s petition challenging the acquittal of Railway Minister Lalu Prasad and his wife and former Chief Minister Rabri Devi by a special CBI court in a disproportionate assets case.
Justice R.K. Datta ordered detailed hearing, saying it was not possible at this stage to examine whether all evidence provided by the prosecution or witnesses had been taken into consideration by the CBI court. The judgment did not apparently show that it had taken all evidence into consideration. It relied more on the Income Tax Tribunal’s order exonerating the couple, Justice Datta said and directed the CBI court to furnish the entire record for “re-appreciation.”
Earlier, Mr. Prasad and his wife challenged in the Supreme Court the High Court’s ruling upholding the State government’s right to challenge their acquittal. They argued that the Central Bureau of Investigation, as the prosecuting agency, alone had the privilege to challenge the CBI court decision and it decided against doing so.
The government challenged the acquittal on February 19, 2007 on the ground that the money involved in the case belonged to the State.
The apex court deferred hearing on the matter until after the High Court also decided on the issue of admissibility of the government petition.
Now lawyers for Mr. Prasad and his wife said they would approach the Supreme Court for resumption of the hearing on their petition.
THE HINDU; Special Correspondent - Friday, Mar 21, 2008