Sanction delay halts CBI Case
Delay in sanction stalls CBI Case proceedings
The lack of prosecution sanction against 32 public servants, including former Bihar Chief Minister Lalu Prasad, has stalled the proceedings in the land-for-jobs scam case. This scam dates back to 2004-09 when Prasad was the Railway Minister. The Central Bureau of Investigation (CBI) had filed a final charge sheet in the case about two months ago.
A Delhi court, frustrated by the inaction, ordered the respective authorities to decide on the sanction by August 20. On June 7, the CBI filed its final charge sheet—the fourth since October 2022—naming 78 accused. These include Lalu Prasad, his wife and former Bihar CM Rabri Devi, son Tej Pratap Yadav, daughter Hema Yadav, former aide Bhola Yadav, 29 railway officials, 37 candidates, and six private persons. The charges include criminal conspiracy, cheating, forgery, and provisions of the Prevention of Corruption Act.
The case alleges that Group-D jobs in the railways were filled between 2004-09 by violating recruitment norms. Candidates or their families allegedly sold land to Lalu's family at heavily discounted rates. The federal agency has invoked sections of the Indian Penal Code (IPC) related to criminal conspiracy, cheating, and forgery, among others.
ALSO READ: Heavy rainfall and landslides disrupt Kodagu’s Monsoon Tourism industry
Frustration over delay
Special Judge Vishal Gogne, on July 31, directed the competent authorities to decide on the sanction by August 20. If not, an authorized official must explain the delay to the court. For Lalu Prasad, the Union Home Ministry is the competent authority, while the Ministry of Railways handles the sanction for the 29 railway officials.
For a court to acknowledge a charge sheet against public servants, sanction under Section 19 of the Prevention of Corruption Act is mandatory. The law requires the concerned ministries to convey their decision within three months. An extension of one month is allowed if consultation with the attorney general or a law officer is needed.
A CBI official, requesting anonymity, mentioned that pending prosecution sanction requests hinder their anti-corruption work as investigations and court trials are delayed. This needs to be fast-tracked to ensure timely justice.
The CBI's efforts in corruption cases are already affected by the withdrawal of general consent under Section 6 of the Delhi Special Police Establishment (DSPE) Act by several states. Since 2018, West Bengal, Telangana, Punjab, Mizoram, Meghalaya, Kerala, Jharkhand, and Tamil Nadu have withdrawn general consent, meaning the CBI must request permission from these states for each investigation.
Related News
