The conviction of Lalu Prasad in the fodder scam is being seen as a watershed moment in the politics of Bihar. But the focus on the political aftermath has deflected attention from the specific charges against Lalu. This week, from Ranchi, Patna and New Delhi we retrace the trail of corruption, bringing onto the camera key investigators, activists, accused and politicians, some for the first time. Was Lalu - as the CBI claims - the focal point of a sprawling nexus of corruption, where politicians, officials and contractors colluded to siphon off crores from an impoverished state, or as Lalu claims, was he simply unaware of the systematic loot taking place under his nose?
A CBI designated court delivered its verdict in a fodder scam case
involving Rashtriya Janata Dal (RJD) chief Lalu Prasad Yadav.
The court found Lalu guilty. Besides the RJD chief 44 other persons
were also found guilty in one of the five fodder scam cases.
A lawyer announced that the quantum of punishment will be announced on October 3 and is set to be more than 4 years.
As Yadav's lawyer completed arguments in the case on September 17,
special CBI Judge PK Singh will pronounce the judgment in the case No RC
20 A/96 today. Yadav moved the Jharkhand High Court and later the
Supreme Court, seeking change of the judge in the case. Both the courts dismissed his petition, and directed him to complete argument in the case before the CBI court. Yadav
had in his petition alleged that trial court judge PK Singh was biased
against him as he is a relative of PK Shahi, Education Minister in the
Nitish Kumar Government in Bihar, "who is his (Yadav''s) biggest
political enemy".
Authorities in Bihar sounded an alert across the state,
apprehending trouble after the court pronounced verdict in a
multi-crore fodder scam case involving Rashtriya Janata Dal chief Lalu
Prasad Yadav.
The case pertains to alleged fraudulent withdrawal of Rs 37.7 crore
from Chaibasa Treasury in the 1990s. The FIR was lodged by Bihar
government in February 1996 but the case was transferred to CBI a month
later. CBI had investigated the scam for a year and the charge sheet was
filed in 1997. The charges were framed in 2000 following which the
Special CBI court commenced trial against Lalu Yadav and 44 other
accused.
RJD's plea had faced stiff opposition from JD-U leader Rajiv Ranjan who
submitted that it would be a ‘travesty of justice’ if the judge is
transferred at the far end of the trial. He submitted that it would give
a wrong impression to the entire country if the judge is transferred
and raised a question on RJD supremo's petition seeking transfer of the
judge who has been hearing the case since 2011.
The fodder scam also known as "Chara Ghotala" involved the siphoning of
funds from the Bihar Government treasury. The alleged theft spanned
over several years, and many Bihar state government administrative and
elected officials across multiple administrations were allegedly engaged
in it.
Additionally, there are also allegations that they were involved in the
fabrication of "vast herds of fictitious livestock" for which fodder,
medicines and animal husbandry equipment was supposedly procured. The
fodder scam was unearthed in Bihar in 1996 when Lalu Prasad was the
Chief Minister of the state. He had resigned from the post in 1997 after
a court issued an arrest warrant against him in connection with one of
the cases.
Besides the RJD supremo, other accused persons include former Bihar Chief Minister Mishra and JD(U) MP Jagdish Sharma.
The judgement in the fodder scam is likely to have a bearing on Bihar
politics, as the RJD chief will face immediate disqualification as a Lok
Sabha member if convicted as per a Supreme Court order that an MP or
legislator would stand disqualified immediately if convicted by a court
for crimes with punishment of two years or more.
The government later promulgated an ordinance to undo the apex court order, prompting opposition BJP to allege that it had been done to protect Lau Prasad Yadav in case he is indicted in the fodder scam.
Congress Vice-President Rahul Gandhi has, however, slammed the
ordinance as "complete nonsense" which should be "torn up and thrown
away," leaving its fate uncertain.
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.
The August judgement of the Supreme Court 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.
Lalu would have got protection from disqualification if the ordinance
promulgated by the Centre was cleared by President Pranab Mukherjee but
he is said to have some reservations and raised questions over it.
Meanwhile, Rahul Gandhi has compounded problems by attacking the
ordinance and calling for its withdrawal, virtually sealing its fate.
RJD spokesperson Manoj Jha said they would challenge the order in a higher court after the sentence is known.