New Delhi [India], January 16 : The Delhi High Court has issued notice to the Central Bureau of Investigation on a petition filed by former Bihar Chief Minister Rabri Devi, challenging the trial court's decision to frame charges against her in the alleged IRCTC scam case.
The bench of Justice Swarna Kanta Sharma has sought a detailed response from the CBI after taking cognisance of Rabri Devi's criminal revision plea, in which she has questioned the legality and correctness of the order passed by the special CBI court framing charges of cheating and criminal conspiracy, along with offences under the Prevention of Corruption Act.
In her petition, Rabri Devi has contended that the trial court erred in framing charges on the basis of assumptions and presumptions, without there being any concrete evidence to establish dishonest intention, inducement, or loss to the public exchequer.
She has asserted that the prosecution failed to demonstrate her involvement in any alleged irregularities connected with the award of contracts for railway hotels.
The case originates from a CBI FIR registered in 2017, which relates to alleged irregularities in the allotment of contracts for the BNR hotels at Ranchi and Puri during the tenure of her husband, Lalu Prasad Yadav, as Union Railway Minister. The agency has alleged that land and share transactions were carried out as part of a quid pro quo arrangement linked to the hotel contracts.
Rabri Devi has maintained that she had no role in the tender process and was neither a director nor a shareholder of the concerned private company at the relevant time.
She has further argued that the transactions cited by the prosecution were private in nature and unsupported by valuation reports or other material evidence to suggest any wrongdoing.
Seeking the setting aside of the order framing charges and all consequential proceedings, the former chief minister has urged the High Court to intervene, asserting that the essential ingredients of the alleged offences are not made out even at a prima facie stage.
Meanwhile, the IRCTC scam proceedings have also reached the Delhi High Court through separate petitions filed recently by Lalu Prasad Yadav and his son Tejashwi Yadav, who have challenged the same trial court order framing charges against them. In those matters, the High Court has declined to stay the ongoing trial but indicated that it would examine the legality of the framing of charges expeditiously.
During the earlier hearing in their case, senior advocate Kapil Sibal, appearing for Lalu Prasad, submitted that the issue of staying the trial was crucial as the proceedings were moving towards the stage of cross-examination of witnesses. The High Court, however, allowed the trial court to continue with witness examination, observing that it would decide the challenge to the framing of charges shortly.
The special CBI court, while framing charges, had made sharp observations, stating that the land and share transactions in the case were "possibly an instance of crony capitalism fostered in the garb of eliciting private participation" in railway hotel projects. The accused have consistently denied the allegations, maintaining that the transactions were legitimate and unconnected to any alleged quid pro quo.