New Delhi, Aug 17 (IANS) The Supreme Court on Monday asked RJD chief Lalu Prasad to respond to the CBI plea challenging the Jharkhand High Court order dropping the conspiracy charge against him in a fodder scam case while holding that a person could not be tried twice for the same offence.
The bench of Justice Madan B. Lokur and Justice S.A. Bobde issued notice asking Lalu Prasad to respond in four weeks.
The court tagged the plea by the Jharkhand government moved through the CBI with another earlier matter pending before the court.
In the instant case, the high court had allowed the CBI to go ahead with the prosecution of Lalu Prasad on charges of causing disappearance of evidence of an offence committed or giving false information, and attempting to commit offences punishable with imprisonment for life under relevant sections of the Indian Penal Code.
However, the high court restrained the CBI from proceeding against Lalu Prasad under many IPC sections and the Prevention of Corruption Act, charges for which he has already been tried in other cases.
The high court had held that a person could not be tried twice for the same offence.
Earlier in another fodder scam case, the CBI court in Ranchi had convicted Lalu Prasad, former Bihar chief minister Jaggannath Mishra and 42 other in September 2013, for fraudulently withdrawing Rs.37.7 crore from the Chailbasa treasury during Lalu Prasad’s government.
Lalu Prasad was awarded five years’ imprisonment by the special CBI court in Ranchi for his involvement in the fodder scam. He was also imposed a fine of Rs.25 lakh.
Lalu Prasad was granted bail by the apex court on December 13, 2013 after his plea for bail was rejected by the Jharkhand High Court.