Fodder scam case verdict: Lalu Prasad held guilty, sentencing on January 3 :
24/12/2017
I.
Sub :- Fodder scam case verdict: Lalu Prasad held guilty, sentencing on January 3 :
Ref :- Lalu Prasad was held guilty in Deoghar fodder scam case by the CBI court in Ranchi. JD-U leader Jagannath Mishra was acquitted in the case.
India Today
Rohit Kumar Singh | Edited by Manas Joshi
Highlights :-
1. Special CBI court held Lalu Prasad Yadav guilty in fodder scam.
2 This is a setback for the embattled RJD chief.
3 The court decision comes as Lalu Prasad Yadav faces increased political isolation.
The special CBI court today held Lalu Prasad Yadav guilty in one of the fodder scam cases. Quantum of punishment will be pronounced on January 3.
Soon after pronouncement of judgment, Lalu Prasad was taken into custody and taken to jail in Ranchi.
Former Bihar Chief Minister Jagannath Mishra has been acquitted. Five other accused were also acquitted by the CBI court.
Mishra and Lalu Prasad were among the 22 persons, who were named as accused by the CBI in over two-decade-old corruption case.
It is a case pertaining to fraudulent withdrawal of more than 89 lakh from Deoghar treasury between 1991 and 1994. A total 15 accused were held guilty by the CBI court.
Reacting to the judgment, RJD spokesperson Manoj Jha alleged that the BJP was responsible for conviction of Lalu Prasad. He said that the CBI acted in partisan manner under pressure from the BJP. He added that the RJD will fight the conviction of Lalu Prasad legally. The RJD spokesperson alleged that the legally admissible evidence provided by them was set aside.
Meanwhile, Lalu's son Tejashwi Yadav spoke to media persons and accused Bihar CM Nitish Kumar and BJP of maligning the RJD supremo.
Earlier, Lalu Prasad expressed confidence that he would be acquitted in the Deoghar fodder scam case.
Speaking to India Today, Lalu Prasad had said yesterday, "I am not at all tensed over the judgment to come tomorrow. I have complete faith in the judicial system of the country."
His conviction in the scam spells more trouble for Rashtriya Janta Dal chief, who has found himself on the receiving end from the action by the authorities.
The Enforcement Directorate (ED)and other government agencies have been coming down on assets owned by Lalu and his family members, including his daughter Misa Bharti and former Bihar deputy CM Tejashwi Yadav.
The ED has filed a charge-sheet against Misa Bharti and her husband in a money laundering case.
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II.
Sub :- Fodder scam case verdict | Updates: after conviction, Lalu Prasad lodged in Ranchi's Birsa Munda jail :-
RJD chief Lalu Prasad and his son Tejashwi Yadav arrive at a special CBI court in Ranchi on December 23, 2017 ahead of the pronouncement of the verdict in a fodder scam case. | Photo Credit: PTI
A special CBI court in Ranchi on Saturday convicted Rashtriya Janata Dal chief Lalu Prasad and 15 others and acquitted former Bihar Chief Minister Jagannath Mishra and five others in the two-decade-old fodder scam case. The sentencing will be on January 3, 2018.
The fodder scam is a collective term for a set of 64 cases, of which 53 were litigated in Ranchi. It all began in 1985, when then CAG T.N. Chaturvedi sniffed out a possible embezzlement of funds from the Bihar Treasury and various departments. The CAG noticed delay in monthly account submissions from the State and also noted small scale false expense reports. Ten years later, the 'small scale' embezzlements added up to Rs. 900 crore.
Of the six fodder scam cases registered against Prasad, this will be the second in which verdict is pronounced. On September 30, 2013, he was held guilty in the first. The five-year prison sentence he got disqualified him from Parliament and he was banned from contesting elections. However, the Supreme Court granted him bail in December that year.
The fodder scam: a recap :-
Two decades have passed since the multi-crore fodder scam was unearthed. It involved politicians and bureaucrats belonging to successive administrations siphoning off several crores of rupees, on the pretext of purchasing livestock feed, over a period of 20 years.
By setting aside the Jharkhand High Court's verdict, the Supreme Court on Monday paved the way for a fresh trial of Rashtriya Janata Dal (RJD) leader Lalu Prasad, former Bihar Chief Minister Jagannath Mishra, and other accused in a criminal case involving the withdrawal of money and falsification of records from the Deoghar Treasury in connection with the ?900-crore fodder scam.
Two decades have passed since the scam was unearthed. It involved politicians and bureaucrats belonging to successive administrations siphoning off several crores of rupees, on the pretext of purchasing livestock feed, over a period of 20 years. It was one of the early cases where sitting legislators were convicted and had to lose their Assembly and parliamentary seats. It is also the reason why a popular leader such as Mr. Prasad is not contesting elections, even though he played a key role in the RJD-JD(U) combine wresting power in Bihar.
The fodder scam is a collective term for a set of 64 cases, of which 53 were litigated in Ranchi. It all began in 1985 when then CAG T.N. Chaturvedi sniffed out a possible embezzlement of funds from the Bihar Treasury and various departments. The CAG noticed delay in monthly account submissions from the State and also noted small scale false expense reports. Ten years later, the 'small scale' embezzlements added up to Rs. 900 crore.
In 1996, State Finance Secretary V.S. Dubey ordered district magistrates and deputy commissioners of all districts to go into cases of excessive withdrawals. Around the same time, then Deputy Commissioner Amit Khare raided the office of the Animal Husbandry Department at Chaibasa. It unearthed a huge cache of documents showing illegal withdrawals and revealed a nexus between officials and suppliers.
The State government instituted two separate one man commissions of inquiry. The first was headed by State Development Commissioner Phoolchand Singh, and was constituted on January 30, 1996. However, this one was aborted when Mr. Singh's name began to figure in the charge sheet.
The second commission was headed by Justice Sarwar Ali, and was instituted on March 10, 1996.
Meanwhile, the Patna High Court ordered the CBI to take over the probe after a public interest litigation was filed by State BJP president Sushil Kumar Modi. Both Mr. Mishra and Mr. Prasad were named in the CBI's charge sheet in July 1997. Succumbing to pressure, Mr. Prasad gave up the Chief Minister post, but not before installing his wife Rabri Devi in the post. The Jharkhand High Court continued hearing the cases after Bihar was bifurcated.
The fodder scam didn't help the Opposition much as Mr. Prasad, and the RJD emerged triumphant in the 2000 elections. Ms. Rabri Devi survived a vote of confidence and became the Chief Minister with the support of the Congress and the JMM.
Mr. Prasad contested in the Rajya Sabha election and later in the general elections. He even served as Railway Minister between 2004 and 2009, when the trials were under way. The BJP and the JD(U) effectively turned the scam into a poll plank, which led the alliance to power in 2005. The combine governed the State until they broke it in 2014.
In 2013, Mr. Prasad and Mr. Mishra were convicted in the Chaibasa Treasury case, the first among the 53 cases. Both the leaders are out on bail, and have appealed against their conviction.
III.
Timeline of the fodder scam :-
January 1996: The scam surfaces after Deputy Commissioner Amit Khare raids the offices of the Animal Husbandry Department and seizes documents that showed siphoning of funds by non-existent companies in the name of supplying fodder.
March 11, 1996: The Patna High Court directs the CBI to probe the scam. The Supreme Court upholds the order.
March 27, 1996: The CBI registers an FIR in the Chaibasa Treasury case.
June 23, 1997: The CBI files a charge sheet and makes Mr. Prasad and 55 others as accused in the case. Sixty-three cases were registered under IPC Sections 420 (forgery) and 120 (b) (criminal conspiracy) and Section 13 (b) of the Prevention of Corruption Act.
July 30, 1997: Mr. Prasad surrenders before a CBI court and sent to judicial custody.
April 5, 2000: Charges framed before the special CBI court. Rabri Devi’s name included as co-accused. She was granted bail, Mr. Prasad’s bail plea rejected and he was remanded in judicial custody.
October 5, 2001: The Supreme Court transfers the scam cases to Jharkhand after the creation of the new State.
February, 2002: Trial begins in the Ranchi special CBI court.
December 2006: Mr. Prasad and Ms. Rabri devi acquitted of charges in the disproportionate assets case filed by the CBI
June 2007: The special CBI court in Ranchi sentences 58 persons, including two nephews of Railway Minister Lalu Prasad, to jail terms ranging from two-and-a-half years to six years for fraudulently withdrawing Rs. 48 crore from the Chaibasa Treasury in the 1990s.
March 2012: Six months after their appearance before the Special CBI court, charges are framed against Mr. Prasad and Mr. Mishra. The court charges the former with fraudulent withdrawal of Rs. 47 lakh from the treasuries at Banka and Bhagalpur districts, where alleged forged and fake bills were drawn by the Animal Husbandry Department in 1995-96 when he was the Chief Minister.
August 13, 2013: The Supreme Court rejects Mr. Prasad’s plea seeking the transfer of the trial court judge hearing the case.
September 17, 2013: The Special CBI court reserves its judgment.
September 30, 2013: Mr. Prasad and Mr. Mishra, along with 45 others are convicted by Special CBI Judge Pravas Kumar Singh. Mr. Prasad stands disqualified as member of the Lok Sabha following the verdict. The two cannot contest any election, including those of the Assembly/Council, for six years from the date of their release from jail.
November 2014: The CBI challenges the order of the Jharkhand High Court quashing four pending fodder scam cases against Mr. Prasad on the grounds that a person convicted in one case could not be tried in similar cases based on same witnesses and evidences. The court upholds the CBI plea to continue proceedings in the trial court against Mr. Prasad under two sections.
November 2016: The Supreme Court pulls up Mr. Mishra for allegedly dragging and delaying the appeal filed by the CBI challenging the quashing of four pending fodder scam cases against him.
May 2017: The Supreme Court holds that Mr. Prasad and other accused persons, including Mr. Mishra, will be tried separately for corruption in a criminal case involving the withdrawal of Rs. 84.53 lakh and falsification of records from the Deoghar Treasury in 1991-94
December 23, 2017: A special CBI court in Ranchi to pronounce the judgment in the case.
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IV.
SC puts Lalu Prasad back on trial in fodder scam case :
Orders CBI to conclude the trial in nine months.
In a blow to Rashtriya Janata Dal (RJD) leader Lalu Prasad, the Supreme Court on Monday held that he and other accused persons, including former Bihar Chief Minister Jagannath Mishra, will be tried separately for corruption in a criminal case involving the withdrawal of Rs. 84.53 lakh and falsification of records from the Deoghar Treasury in 1991-94 in connection with the Rs. 900 crore fodder scam.
A Supreme Court Bench led by Justice Arun Mishra set aside the High Court decision of November 2014 to stop criminal proceedings against Mr. Prasad on the ground that the veteran leader cannot be found guilty of the same offences twice under Section 300 of the Code of Criminal Procedure. The apex court ordered the CBI to conclude the trial in nine months.
Mr. Prasad was, at the time of the High Court decision, already sentenced to a five-year rigorous imprisonment in a corruption case connected to the fodder scam involving the withdrawal of over Rs. 37.7 crore from the Chaibasa Treasury during 1994-95 on the basis of 78 fake allotment letters.
The sentence immediately led to his disqualification from Parliament and barred him from elections for 11 years. :-
V.
The fodder scam: a recap :-
Krishnadas Rajagopal
The High Court had quashed the charges of criminal breach of trust by a public servant, cheating, various counts of forgery, fraud, falsification of accounts and offences under the Prevention of Corruption Act on the ground that the allegations in this case and the earlier Chaibasa Treasury one were the same.
Countering this, the CBI, which moved the Supreme Court, had argued that the High Court acted in error, as the charges in the two cases pertain to two different periods, the money withdrawals were made from different Treasuries, the financial losses caused are substantially different and the parties and suppliers are different.
“The question of prosecution of the respondent [Mr. Prasad] in this case, ie, R.C. Case No. 64A/1996, being hit by Section 300 of the Code of Criminal Procedure, does not arise,” the CBI had contended.
Six other politicians and four IAS officers were also sentenced to prison terms for fraudulent withdrawal of money from the Chaibasa Treasury when Mr. Prasad was heading the RJD government in undivided Bihar in the early 1990s.
Mr Prasad was convicted in the Chaibasa case in October 2013. He, however, received bail from the Supreme Court in December the same year.
The case against the accused persons was that they entered into a criminal conspiracy by which they brought into existence fake allotment letters worth more than Rs. 5 crore in a dishonest and fraudulent manner. On the basis of these allotment letters, they fabricated 17 fake sub-allotment letters worth Rs. 97 lakhs in favour of District Animal Husbandry Officer (D.A.H.O.), Deoghar, inspite of genuine allotment of lessor sum of Rs. 4,73,000.
The amount covered under the fake allotment letters were utilised for making payment to co-conspirator accused suppliers against fake supply bills raised by them for the purported supply.
The further allegation is that these criminal activities of the officials and suppliers of Animal Husbandry Department had got patronage and protection of bureaucrats and politicians, including then Chief Minister,Mr. Prasad and then Leader of the Opposition of the Assembly Mr. Mishra, who were providing their protection and patronage in different ways, including by hushing up enquiries in relation to fraudulent activities as well as by obstructing and preventing any effective enquiry in the matter of fraudulent withdrawal, resulting in the suppression of the outburst of scam.
The prosecution's further case was that these bureaucrats and politicians were getting a share in illegal money withdrawn from the Treasuries in lieu of the role played by them in the conspiracy as well as part of money illegally withdrawn from the Treasury.
The ill-gotten wealth was spent on arranging hospitality to the bureaucrats and politicians and their family members in various ways, including illegal gratification. The bureaucrats and politicians have close nexus with other accused persons and they had come to rescue them whenever such occasion had arisen.
The accused were booked under Sections 120B, 418, 420, 467, 468, 471, 477, 201 and 511 of the Indian Penal Code and Section 13(2) read with Sections 13(l)(d) & (c) of the Prevention of Corruption Act, 1988.
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Opinion :-
1. Our System is not good, in any field,
2. Politics is rubbish, Netagiri, is the fact of our politicians;
3. People are ignorant in the lower levels, vote any donkey for money, material benefits and alcohol;
4. In the middle levels, people are greedy, for personal benefits, Q behind any monkey and vote them;
5. Higher levels, people are engaged in their personal looting, and do not care to vote.
6. To day all parties are corrupted, leaders are unworthy to lead, nobody is bothered, and this is the cause why our Nation is not progressing;
7. Islamic rule, looted this country, left back their legacy in the offspring of raped Hindus,converted Hindus, these are the present Muslim population, left over, keeping away from main stream;
8. Later British rule, looted this country, along with christian missionaries for converting Hindus to Christianity; British left, leaving behind their legacy to converted Hindus, the present Christian population here;
9. Both Muslims and Christians have become vote banks, so a demonic end;
10. Now while writing this blog, from Chennai media reports :-
RK Nagar election result LIVE UPDATES: TTV Dinakaran claims victory, says ‘we are the true AIADMK’
RK Nagar election result LIVE UPDATES: AIADMK’s E Madhusudhanan, DMK candidate N Maruthu Ganesh and sidelined AIADMK leader Dinakaran, who is contesting as an Independent, are among those in the contest.
11. The corruption is getting stronger here,
12. The voters of RK.Nagar, is supporting corruption, this is the TRUTH.
13. WHO ARE THESE VOTERS ?
14. PEOPLE OF TAMIL NADU;
15. WHOM TO BLAME?
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