Monday, September 30, 2013

Lalu Parsad, former Bihar Chief Minister convicted, jailed in fodder corruption scam

Lalu Prasad, Member of Parliament, President of Rashtriya Janata Dal (RJD) and former Bihar Chief Minister was taken to the Birsa Munda Central Jail at Hotwar on the outskirts of Ranchi after special CBI court, Ranchi convicted him in the fodder scam corruption case on September 30, 2013. This conviction disqualifies him from Parliament and renders him ineligible for contesting elections for at least six years.

Another 44 accused, including former Bihar chief minister Jagannath Mishra, six politicians and four IAS officers, were also convicted by court of Pravas Kumar Singh for fraudulent withdrawal of Rs 37.7 crore from Chaibasa treasury.

The court has fixed October 3, 2013 for pronouncement of sentence against Yadav, Mishra and others in the case filed in April, 1996. The RJD chief faces immediate disqualification as Lok Sabha member under a recent Supreme Court order that an MP or MLA would stand disqualified immediately if convicted by a court for crimes with punishment of two years or more and under some other laws even without jail sentence.

This case owes a lot to former CBI officer U.N. Biswas, at present a Minister in the West Bengal government, for making a foolproof case in the fodder scam.

The judgement of the Supreme Court on July 10, 2013 struck down a provision in the electoral law that provided protection to sitting MPs and MLAs by allowing them to continue in their posts if they appeal against a lower court conviction and secure a stay of the order.

RJD would challenge the order in a higher court after the sentence is known. Lalu Prasad arrived at the special CBI court in Ranchi before delivery of the verdict in the 17-year-old case. The court had on September 17 set September 30 date to pass orders in the case.

Prasad had begun arguments on September 9 and ended it on September 17 after the Supreme Court turned down his request to change the current special court to another court after he apprehended political conspiracy. IAS officers Mahesh Prasad, Phoolchand Singh, Beck Juleus, K Arumugam, income tax officer AC Choudhary, former Animal Husbandry Department officials and fodder suppliers were also among the accused.

Following the animal husbandry scam, popularly known as the fodder scam, Prasad had to resign as chief minister of Bihar. After installing his wife Rabri Devi as the chief minister, Yadav had surrendered to a court in Patna on July 31, 1997.

He came to Ranchi following a court order that Ranchi had the jurisdiction of the case. The Mecon Guest House was converted to a camp jail in Ranchi before he was shifted to the old Birsa Munda Jail at Circular road, Ranchi.

After Jharkhand's bifurcation on November 15, 2000, the litigations were brought before the Supreme Court whether the Patna high court had the jurisdiction on the cases in this part of the undivided Bihar and trial was stayed till December 2000 to December 2001. The SC had said in November, 2001 that trial would be conducted by special courts in Ranchi.

Trial in Ranchi began in March, 2002 by seven special courts. The case was posted for defence of Prasad from May 15 and Prasad's counsel examined 29 witnesses in his defence.

The Fodder Scam was a corruption scandal that involved the embezzlement of about from the government treasury of the eastern Indian state of Bihar. Among those implicated in the theft and arrested were then Chief Minister of Bihar, Laloo Prasad Yadav, as well as former Chief Minister, Jagannath Mishra. The scandal led to the end of Laloo's reign as Chief Minister.

The theft continued many years, and allegedly involved numerous Bihar state's administrative and elected officials across multiple administrations of the Indian National Congress and the Janata Dal parties. The corruption scheme involved the fabrication of "vast herds of fictitious livestock" for which fodder, medicines and animal husbandry equipment was supposedly procured. The scandal came to light in 1996 but the theft had been in progress for over two decades.

The trial has been completed in 44 cases out of a total of 53 cases. More than 500 accused have been convicted and awarded punishments by various courts. when the defence continued to skip dates, the court fixed July 15 to deliver the judgement and asked the accused to complete arguments by July 1, 2103. Lalu Prasad moved to the Supreme Court pleading shifting of his case from the court of Pravas Kumar Singh on the ground of political conspiracy. Supreme Court did not agree. This ensured the judgement against Lalu Prasad.

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