CBI Opposes Lalu Prasad’s Plea Seeking Quashing of FIR in Land-for-Jobs Case
The Central Bureau of Investigation (CBI) on Thursday opposed RJD chief Lalu Prasad Yadav’s petition in the Delhi High Court seeking to quash the FIR in the land-for-jobs scam.
Appearing for the CBI, Additional Solicitor General (ASG) S.V. Raju made submissions before a bench led by Justice Ravinder Dudeja, which, after hearing arguments, listed the matter for October 17.
ASG argued that Yadav’s plea was not maintainable and should be dismissed on grounds of delay. He further contended that no sanction for prosecution was required, since Yadav’s actions were unrelated to the discharge of his official duties.
On September 8, the Delhi High Court took up RJD chief Lalu Prasad Yadav’s plea seeking quashing of the FIR registered by the Central Bureau of Investigation (CBI) in the land-for-jobs case. Justice Ravinder Dudeja heard arguments from Senior Advocate Kapil Sibal, representing Yadav, and Senior Advocate D.P. Singh for the CBI. However, the hearing could not be completed due to lack of time.
Appearing for Yadav, Sibal argued that the CBI had failed to secure the mandatory sanction under Section 17A of the Prevention of Corruption Act before lodging the FIR. He maintained that such sanction was essential since Yadav was then serving as the Union Railway Minister and was discharging official duties. Sibal also cited precedents from the Delhi High Court and the Supreme Court in support of his submission.
The CBI, on the other hand, accused Yadav of deliberately delaying the trial by not completing arguments on charge before the trial court, though it said the process would conclude the next day. Both the CBI and the Enforcement Directorate (ED) are investigating allegations that railway jobs were exchanged for land parcels when Yadav held the Railways portfolio.
During the proceedings, the court observed: “Even if we assume that no investigation could have been initiated against you under the Prevention of Corruption Act, there are offences under the IPC as well.”
On July 18, the Supreme Court of India refused a plea by Rashtriya Janata Dal (RJD) chief Lalu Prasad Yadav against an order refusing to stay the trial court's proceedings against him in relation to the land-for-jobs scam.
A bench of Justices M.M. Sundresh and N. Kotiswar Singh said that it would not interfere in such a small matter and let the High Court decide the main issue of quashing the chargesheet.
Delhi High Court had, in May dismissed a plea filed by the former Union Railway Minister seeking quashing of the FIR, chargesheets, and the cognisance taken by the trial court in connection with the land-for-jobs scam being probed by the Central Bureau of Investigation (CBI). Justice Ravindra Dudeja had issued a notice to the CBI, asking it to file its reply within six weeks. It also clarified that the petitioner would be at liberty to raise all his contentions before the trial court at the stage of framing of charges.
Before the High Court, Senior Advocate Kapil Sibal, appearing for Yadav, had argued that the CBI had failed to obtain mandatory sanction under Section 17A of the Prevention of Corruption Act against Yadav and that the trial court also ignored the said illegality committed by the CBI during the investigation.
While placing reliance on various rulings of the Supreme Court and High Court, Sibal asserted that without mandatory approval under Section 17A of the PC Act, the initiation of the enquiries and investigation is invalid. He also argued that there was a delay in the registration of the FIR.
On the other hand, Senior Advocate D.P. Singh, representing the CBI, vehemently opposed the stay on trial proceedings. CBI submitted that the legal question as to whether Section 17A applies to pre-2018 offences is under consideration before the Supreme Court's Larger Bench, and no final ruling has come as of now.
In 2023 a Delhi court had granted bail to Tejashwi Yadav, Lalu Prasad Yadav and his wife Rabri Devi in relation to a fresh CBI chargesheet in alleged land-for-job scam case.
Special Judge Geetanjali Goel of the Rouse Avenue Court had granted relief to the accused persons after they appeared before the court in pursuance of summons issued against them. In July 2023, CBI had filed a chargesheet against Lalu, his wife and their son in connection with the alleged scam. It was the second chargesheet filed by CBI in the case. Besides the three members of the Yadav family, the federal agency had also named 14 individuals and entities in the chargesheet. The accused have been charged under various Sections of the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988.
The CBI’s case is that Lalu Prasad Yadav, as Railways Minister from 2004 to 2009, received financial benefits in form of transfer of land property in the names of his family members in exchange for the appointment of substitutes in Group "D" posts in various Railway zones such as Mumbai, Kolkata, Jaipur, Jabalpur, and Hajipur.
CBI alleged that “in lieu thereof, the substitutes, who were residents of Patna themselves or through their family members sold and gifted their land situated at Patna in favor of the family members of Lalu Prasad Yadav and a private company controlled by family members, which was also involved in the transfer of such immovable properties in the name of family members.”
CBI also alleged that no advertisement or public notice was issued for the appointment of Substitutes in Zonal Railways, yet substitutes from Patna were appointed as substitutes in different Zonal Railways and that undue haste was shown in processing candidates' applications and their appointments as substitutes were approved. Furthermore, the agency alleged that the due procedure and guidelines/instructions issued by the Railway Authority for the appointment of Substitutes in Railways were not followed, and later on, their services had also been regularised.
Case Title: Lalu Prasad Yadav vs CBI
Hearing Date: 25 September 2025
Bench: Justice Ravinder Dudeja
Inputs : PTI