The Supreme Court has scheduled the final hearing in April for a set of appeals filed by the Central Bureau of Investigation (CBI) challenging the suspension of the sentence given to former Bihar Chief Minister Lalu Prasad Yadav and other convicts in the fodder scam cases. The bench, comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh, set April 22 for the matters to be taken up for final disposal, noting the advanced age of several accused.
Representing the CBI, Additional Solicitor General (ASG) S.V. Raju argued that the Jharkhand High Court had disregarded established principles in granting post-conviction suspension of sentence. ASG Raju emphasized that once a conviction was recorded, the suspension of sentence should not be granted without any change in circumstances. He stated, “This is post-conviction bail. The sentence has been suspended illegally. It cannot be done,” expressing concern that Lalu Prasad and other accused were currently “illegally out.”
On the contrary, senior advocate Kapil Sibal, appearing for Lalu Prasad Yadav, opposed any urgency in the matter, pointing out that in related appeals, some accused had not been served or had not filed their responses. “There is no need for such excitement. There are other accused, some haven’t even filed replies,” Sibal remarked.
Acknowledging the arguments, the bench led by Justice Sundresh noted that all parties were familiar with the legal issue at hand. Justice Sundresh remarked, “Both of us know what this special leave petition is. We think both of you also know what the result is. You do your job, let us do our job. We can fix a date for the appeal to be disposed of. We also know what the question of law is,” highlighting the ages of the respondents in their 60s, 70s, and late 80s, with their sentences currently suspended.
The Supreme Court clarified that cases involving deceased respondent-accused would be officially closed. The fodder scam cases pertain to fraudulent withdrawals of nearly Rs 950 crore from the state treasury during 1992-1995, when Lalu Prasad Yadav served as Chief Minister of undivided Bihar and oversaw the Animal Husbandry Department. He was convicted in cases related to withdrawals from the Deoghar, Dumka, and Chaibasa treasuries, now part of present-day Jharkhand.
In July 2019, the Jharkhand High Court granted Lalu Prasad Yadav bail in one of the fodder scam cases and suspended his sentence. The CBI challenged this decision before the Supreme Court, which issued notice in February 2020. The CBI has also sought an increase in his sentence, arguing that the offense was a severe economic crime committed by a public servant in a high position.
