New Delhi [India], October 13 : The Rouse Avenue court in Delhi on Monday framed charges against former Railway Minister and RJD supremo Lalu Prasad Yadav, Former Bihar CM Rabri Devi and RJD leader Tejaswi Prasad Yadav in the IRCTC hotel tenders corruption case.
"It has emerged as a dominant probability that Lalu Prasad Yadav was the fountainhead of a criminal conspiracy," the court said in the order of framing of charges.
The Special CBI court said in the order that it emerges from the totality of discussion that Lalu Prasad Yadav was prima facie in complete knowledge of the processes relating to the proposed transfer of the BNR hotels at Ranchi and Puri to IRCTC.
"He did prima facie intervene and that too through oral instructions on two occasions on 31.08.2004 and 26.09.2006 to influence the pace and process of transfer of the BNR Hotels as well as the proposed budget hotels," Special Judge Vishal Gogne said.
Special Judge Gogne said that the court has found it probable, on the standard of grave suspicion, that various accused persons engaged in a conspiracy which may have involved multiple conspiracies within the larger conspiracy so as to transfer the quid pro quo in the form of land parcels from the hands of the Vajay and Vinay Kochhar brothers (the Directors of the successful bidder viz M/s Sujata Hotel) to the control of the family of Lalu Prasad Yadav.
The court observed, " Thus seen, Lalu Prasad Yadav is under grave suspicion of having overseen and influenced the fidelity of the tender process to favour M/s Sujata Hotel Pvt. Ltd."
" This influence garnered pecuniary gain in the hands of his family while possibly causing wrongful loss to the state/public exchequer both on account of the under valuation of the land when sold by the Kochhars to M/s DMCPL in 2005 and also when the tender was awarded to a bidder on account of manipulation of the bids as well as the evaluation of the same," the special judge observed.
The court said that the above acts of the former Minister of Railways constitute the ingredients of section 420 IPC, with which he is liable to be charged as an independent article of charge.
"The influencing of the tender process for favouring a private party and to then receive consideration in the form of land parcels (in favour of his family members) is constitutive prima facie of the abuse of position as a public servant for acquiring pecuniary advantage and such influence was apparently exercised without any public interest," the court said.
He is thus liable to be charged separately under section 13(2) read with section 13(1) (d)(ii) and (iii)of the Prevention of Corruption Act, 1988, the court said.
" Since it has emerged as a dominant probability that Lalu Prasad Yadav was the fountain head of a criminal conspiracy, also involving the Kochhar brothers, P C Gupta and Sarla Gupta, the railway officials in question and his own family members, to enable the award of the tender in favour of the. Kochhar brothers, in return for land at gross under valuation, are further liable to be charged with conspiracy to commit the offences punishable under section 420 IPC and section 13(2) read with section 13(1) (d)(ii) and (iii) of the PC Act," the special court ordered.
The court also framed charges against Rabri Devi and her son Tejaswi Prasad Yadav for cheating.
The court noted that the allegations against both of them are in the nature of individual acts of deception and dishonest intention in purchasing shares at an undervalued consideration and in the context of the influence upon the tender process by Lalu Prasad Yadav.
There is no impediment in law to the prosecution of the directors of a company if they are ascribed individual criminal acts, the court said.
The court said that Rabri Devi and Mr Tejashwi Prasad Yadav are similarly liable, as Lalu Prasad Yadav, to be independently charged under Section 420 IPC.
" The court has identified wrongful loss to the state/public exchequer at two points of time, each having nexus with the entire quid pro quo transaction. Wrongful loss was first caused in 2005 when lands were sold to M/s DMCPL, and secondly, when shares of this company were transferred to these two accused," the special court noted.
The court said that On account of the receipt of shares and therefore immovable property by Rabri Devi and Tejashwi Prasad Yadav in circumstances intrinsically linked with the award of the tender in a possibly manipulative manner to M/s Sujata Hotels with the influence of Lalu Prasad Yadav, they both emerge prime facie as participants in the criminal conspiracy of which Lalu Prasad Yadav was seemingly the fountain head.
" Rabri Devi and Tejashwi Prasad Yadav are further liable to be charged with other accused under section 120 B, read with section 420 IPC and section 13(2) read with section 13(1) (d)(i)and (iii) PC Act," the court ordered.