New Delhi [India], November 26 : The Rouse Avenue court on Wednesday issued notice to the Central Bureau of Investigation (CBI) on the transfer application moved by Former Bihar CM Rabri Devi in the IRCTC hotels corruption case.
Rabri Devi is facing a trial along with her husband, Lalu Prasad Yadav, son Tejaswi Yadav and others in this case. She is seeking a transfer of the case to another Judge while the case is still at the stage of Prosecution evidence.
Principal District and Session Judge Dinesh Bhat issued notice to CBI and directed it to file a reply on the application, with the listing on December 6.
Rabri Devi on Saturday filed a petition and sought the transfer of the IRCTC hotel corruption case, the Land for job corruption case and the connected ED cases also. Senior advocate DP Singh appeared through video conferencing for CBI and submitted that the petitioner has not named ED and other respondents; therefore, the petitioner cannot seek transfer of all four cases through one petition.
"ED is not made a party but they are seeking the transfer of cases of ED also," Senior advocate DP Singh said.
The court asked the counsel for the petitioner, "Are you seeking transfer in all 4 cases?"
In response, Senior counsel Maninder Singh submitted that he will file a separate petition for the transfer of the ED case and plea for the land for the job case.
"There was a clear bias, unfairness on the part of the concerned court," Senior Counsel for Rabri Devi submitted.
The matter is at the stage of Prosecution evidence and the trial is going on a day-to-day basis. The application against the day-to-day trial has already been dismissed by the special CBI Judge Vishal Gogne.
The Rouse Avenue court on October 13 framed charges against former Railway Minister Lalu Prasad Yadav, Rabri Devi, Tejaswi Yadav and others in criminal Conspiracy and sections related to other offences in the IRCTC hotel corruption case.
This case pertains to alleged corruption in the tender of two IRCTC hotels in Ranchi and Puri during the tenure of Lalu Prasad Yadav as Railway Minister. Special judge (CBI) Vishal Gogne had framed charges against Former Railway Minister Lalu Prasad Yadav, Rabri Devi, Tejaswi Yadav and other accused persons.
The court had framed charges under different sections for cheating, conspiracy, and corruption-related offences. However, all accused are charged with the criminal Conspiracy.
The order was pronounced in the open court, and the detailed order is to be uploaded by the court. The court said that there is sufficient ground to frame charges against all 14 accused persons.
Meanwhile, Lalu Prasad Yadav has pleaded not guilty and he said he will face the trial. Rabri Devi and Tejaswi Yadav are charged with Section 420, 120 B of the Indian Penal Code for the offence of cheating and conspiracy.
On September 24, the court had directed all the accused persons to appear in person.
On March 1, the Central Bureau of Investigation (CBI) had concluded its arguments on charges against Lalu Prasad Yadav, Rabri Devi, Tejaswi Yadav, and former Minister Prem Chand Gupta, among 14 accused persons in the case.
It is alleged that the maintenance contract of two IRCTC hotels, namely BNR Ranchi and BNR Puri, to Sujata Hotel was given to a private firm owned by Vijay and Vinay Kochar. The CBI has alleged that in return of this deal, Lalu Prasad Yadav got three acres of prime land through a benami company.
On July 7, 2017, the CBI filed an FIR against Lalu Yadav and raided 12 locations linked to Lalu and his family members in Patna, New Delhi, Ranchi and Gurgaon.
On the other hand, it was submitted on behalf of former Railway Minister Lalu Prasad Yadav that there is no material to frame charges against him in the IRCTC corruption case and he deserves discharge in this case. Senior advocate Maninder Singh, counsel for Lalu Prasad Yadav, argued that there are no irregularities on the part of Lalu Prasad Yadav.
"The tenders were awarded in a fair manner. There is no sufficient material to frame charges against Lalu Prasad Yadav. He deserved to be discharged of the charges," the counsel said.
The CBI had lodged an FIR on July 5, 2017, and a charge sheet was filed in April 2018. CBI had invoked section 120B read with 420 of IPC, section 13 (2) read with 13 (1)(d) of the Prevention of Corruption Act.