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CBI Tries to Block Appeal Proceeding against Lalu, Rabri

Patna: Mar. 22, 2007

The Central Bureau of Investigation (CBI), on Thursday, contested the Bihar government's move to appeal the acquittal of Rashtriya Janata Dal (RJD) husband-wife duo Lalu Prasad Yadav and Rabri Devi by a CBI judge in the Disproportionate Asset (DA) case saying only the CBI could appeal the decision and it had no intention of doing so in future.

Representing the CBI at Patna High Court, senior lawyer Gopal Subramaniam told the court that the agency would oppose any appeal by the state government to protect the sanctity of the Bureau.

"It will set a very dangerous precedent and all the cases investigated by the CBI in future would be subject to appeal thus lowering the credibility of the Bureau," Subramaniam told the court.

Representing the Bihar government, Advocate General P. K. Shahi expressed his shock over the CBI's sudden turnaround in its stand.

"Just until a few weeks ago, this same agency was seeking permission from the Union Law Ministry to appeal the Lalu-Rabri acquittal. Today it is singing an entirely different tune. It is clear that some politicians are using the CBI for their personal and political gains," Shahi said.

Casting cloud of suspicions on the very agency that investigated the Yadavs for amassing wealth way out of proportion of their known sources of income, the government lawyer said the state would not hesitate in demanding for an investigation of a sinister collusion between the Bureau and the accused.

The state has sought the services of the veteran Supreme Court lawyer Harish Salve to pursue the case.

Salve's inability to appear at Patna High Court on Thursday prompted Shahi to seek an adjournment until tomorrow which was granted by Justice R.K. Dutta.

In a related development, the High Court, on Thursday, issued notices to Yadav and his wife asking them to explain why the court should not entertain the state's appeal against the CBI verdict.

Meanwhile, the Lalu-Rabri camp in Patna blasted the Advocate General for 'taking side' of the ruling government.

"By raising suspicion against the nation's premier investigative agency, the Advocate General has discarded all sense of decency and decorum," RJD leader Shyam Rajak, Shakeel Ahmed Khan, and Dr. Nihora Prasad Yadav said in a joint statement.

"Shashi is acting at the behest of Deputy Chief Minister Sushil Kumar Modi and we will meet with the Governor and demand from him to fire the Advocate General," Rajak said.

Janata Dal (U) leaders also did not waste any time in responding to RJD's accusation.

"Railway Minister Lalu Prasad Yadav is pulling all his strings at the Center to ensure the state government does not move forward with the appeal," Lalu's former friend-turned-foe and JD-U leader Shivanand Tiwari said in Patna.

"It is ironical that the same agency that tried Lalu Prasad Yadav for years for his involvement in the multi-crore rupees fodder scam is now saying that there is no evidence against him and his wife. There is no doubt that the UPA government is coercing the CBI into posing hurdles in the state's decision to appeal the earlier verdict," he said.

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