River of corruption after Lalu Prasad Yadav entered politics, CBI Special Court [Read judgment]

In a strongly worded judgment, the Central Bureau of Investigation (CBI) Special Court in Ranchi has convicted former Union Railway Minister and Rashtriya Janata Dal (RJD) President Lalu Prasad Yadav in the fodder scam case, sentencing him to rigorous imprisonment of fourteen years..Yadav was sentenced to seven years’ imprisonment for offences committed under provisions of the Indian Penal Code (IPC) including criminal conspiracy, cheating, forgery, and falsification of accounts..He was also sentenced to a further seven years under sections of the Prevention of Corruption Act pertaining to criminal misconduct in the abuse of his public position to make money illegally..The sentences will run consecutively..The judgment was rendered by Shiv Pal Singh, Additional Judicial Commissioner-I 0-cum-Special Judge-VII, CBI (AHD Scam), Ranchi. Advocates Chitranjan Prasad Sinha and Prabhat Kumar appeared for Yadav..The Court in its judgment noted that during Lalu’s tenure as Chief Minister and Finance Minister, the co-accused in the case withdrew money fraudulently from many District Treasuries in Santhal Pargana, including Dumka Treasury. The Court also noted that the Finance Secretary appointed such persons who followed the oral directions given by Lalu Prasad Yadav..Regarding Lalu’s argument that he had ordered registration of FIRs against persons who fraudulently withdrew money, the Court observed that it was an excuse to “show honesty”..The Court then criticised Lalu in strong words, saying that though he took oath to uphold the Indian Constitution, he never maintained the sanctity of the oath..“Lalu Prasad although taken oath of Indian Constitution but never maintained the sanctity of oath.”.Alluding to his past, the Court noted that though Lalu came from a poor family, after he entered politics, there was a river of corruption..“The accused Lalu Prasad who born in a poor family, when entered in politics he started to flow the river of corruption in every field including AHD, Department.”.On the sentencing aspect, Lalu’s lawyer had put forth assertions of ill health ranging from cardiovascular anomalies, to severe renal (kidney related) complications..The Court, however, turned down the same and held the following:.“After considering all the facts and circumstances, the following sentence order is pass as held guilty U/s- 120 B r/w 420, 467, 468, 471, 477(A) of I.P.C, sentence awarded R.I of 7 years (Seven Years) and fine Rs. 30,00,000/- (Thirty Lakhs), in default of payment of fine he further serve punishment of S.I one year separately and held guilty U/s- 13 (2) r/w Section – 13 (i)(c)(d) of P.C. Act awarded sentence R.I of 7 years (Seven Years) and fine Rs. 30,00,000/- (Thirty Lakhs), in default of payment of fine he further serve punishment of S.I one year separately. During trial accused Lalu Prasad Yadav @ Lalu Yadav remain in judicial custody, which may be adjusted according to law in conviction. The sentences run in the consecutive way not concurrently.”.This is the fourth case out of six relating to the fraudulent withdrawal of funds from the State exchequer between 1990 and 1995, in which Yadav has been convicted..He was convicted in the first case in September 2013 and sentenced to five years in prison, but was granted bail by the Supreme Court less than three months later. The conviction however led to Yadav’s disqualification from the Lok Sabha..The next two convictions came less than a month apart in December 2017 and January 2018, where he was sentenced to three and a half and five years respectively..Advocate Lalu Prasad Yadav.One of the defences Lalu took in court was that he is an advocate with no disciplinary charges against him. This was his defence:.“…They also submitted that accused is a lawyer and certificate has been issued from Bihar State Bar Council being Enrollment No. 7869 of 1999 and the Bar Council of India receipt No. WF 2007 – 1736 dated 23.06.2008 and a certificate of Bihar State Bar Council dated 28.02.2006 filed in the court, which shows that there is no pending disciplinary proceedings against the accused.” .This is what was argued between SPP of CBI and the Lalu Yadav’s lawyer..The scam is popularly referred to as the fodder scam, because the withdrawals made by Yadav and others were purportedly for the procurement of cattle feed. The total amount in question is almost Rs. 1,000 crore..It is reported that Yadav will challenge the verdict shortly. He is serving time at Ranchi’s Birsa Munda Jail, but is currently lodged in a Ranchi hospital after complaining of constipation about a week ago..Image courtesy: Twitter .Read the judgment below.