Lalu's trick fails, SC refuses to change trial judge

The SC judgment is a major setback to Lalu who is still reckoned in Bihar as a formidable political force

ajay

Ajay Singh | August 13, 2013


RJD president Lalu Prasad
RJD president Lalu Prasad

With the supreme court dismissing the petition of former Bihar chief Minister Lalu Prasad Yadav who sought to change the special CBI judge in Ranchi hearing the fodder scam case, there is a strong possibility of political equations in Bihar undergoing a sea change.

The three-member SC bench headed by chief justice P Sathasivam has also directed the special CBI judge at Ranchi to deliver the verdict as soon as possible. The turn of events came quite unexpectedly as Yadav has been desperately resorting to legal stratagems to stall the verdict of the trial court.

Though Yadav did not find sympathetic hearing from the Ranchi High Court where his petition of changing the judge on the ground of “impartiality” was dismissed, he managed to evoke a degree of sympathy from the Supreme Court in two earlier hearings last month.  When chief justice Sathasivam asked the prosecution and the accused to shortlist the names of the judges in case the court ordered thus, it seemed that the apex court was actually inclined to grant this extraordinary relief for Lalu.

It caused some consternation in the judicial and political circles. It was being seen as yet another success for Lalu in the way he has manipulated the legal process to delay the case. If the court had ordered a retrial when the trial court had set a date for judgement, merely because the judge happened to be a distant relative of a JDU minister who had just lost an election to Lalu's lieutenant, it would have put the whole judicial process behind by at least a decade. And set a rather sad precedent. An intervention application filed by the original petitioner in the  fodder  scam, Rajiv Ranjan alias Lallan Singh, drew the attention of the SC bench comprising Justice Sathasivam, Justice Ranjana Desai and Juistice Ranjan Gogoi towards the dilatory tactics of Lalu.

On August 6, veteran lawyer Shanti Bhushan intervened for Lallan and tore apart the arguments of Yadav that the trial would be unfair if the presiding special judge of the CBI court was not changed. He effectively contradicted the insinuation that the judge would be biased as he was a relative of Yadav’s rival and a minister in the nitish Kumar Government. Raising serious questions about the unintended fallout of any move to change the trial court judge, Shanti Bhushan pointed out that such a move would convince people that politicians in the country can never be hauled up before the courts no matter how serious their crimes.

The SC judgment on Tuesday is a major setback to Lalu who is still reckoned in Bihar as a formidable political force. Given the fact that the trials in the fodder scam have seen scores of convictions, Lalu's political fate could be hanging on this verdict. If he is convicted in the case, he would not only be jailed but also forbidden to contest in the forthcoming Lok Sabha elections. A recent apex court judgement has held that convicted legislators cannot contest elections. 

Political parties as one have resolved to either file a review petition or amend the law to overturn the SC’s direction on the issue. Given the popular resentment over such a move, it appears quite difficult for the union government embroiled in corruption cases to resort to tactics which will be seen as justifying corruption.  In such a scenario, Lalu’s conviction in the fodder scam would invariably mark the beginning of an end for one of Bihar’s most charismatic and controversial political personalities. And this will set the stage for new political realignments which will have significant bearing on the national scene.
 

Comments

 

Other News

India’s freedom struggle was shaped by wider Asian political thought

As we mark 80th anniversary of independence, ‘Asianism and the Fall of Empire’ (HarperCollins India) by historian Mithi Mukherjee offers a new perspective on Ind

What is colonialism? A relook at modern history

The Chromatic World Order: The Fiction That Rules Our World  By Sajid Mohamed Aakar Books  

Monsoon session of parliament adjourns sine die

The Monsoon Session, 2026 of Parliament which commenced on July 20 was adjourned sine die on Thursday. The session provided 19 sittings spread over a period of 25 days.   During the session 11 Bills were introduced in Lok Sabha and 2 Bills were introduced in Rajya Sabha. 12 B

Consumer Justice at a Crossroads

Over the past four decades, India`s consumer protection landscape has undergone a remarkable transformation. What began with the Consumer Protection Act, 1986 as a simple mechanism to empower ordinary citizens has evolved into a comprehensive framework capable of addressing challenges ranging from mislea

Doctors, experts call for ban on junk food ads, mandate warning labels

More than 30 doctors, medical scientists and public health professionals have urged the government to take decisive action against the aggressive advertising and marketing of junk food, calling for a watershed ban on advertisements for foods high in fat, sugar and salt (HFSS) and ultra-processed foods (UPF

Asiatic Lion population rises from 523 in 2015 to 891 in 2025

On World Lion Day 2026, environment, forest and climate change Minister  Bhupender Yadav celebrated India’s remarkable journey in lion conservation and reaffirmed the country’s unwavering commitment to protecting wildlife and biodiversity.   In a post on soc

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter