Supreme Court Bars Delay in Framing Charges Against Lalu Prasad

A bench of the Supreme Court composed of Justices M. M. Sundresh and N. Kotiswar Singh declined an application by Lalu Prasad seeking to delay the framing of charges by a Delhi trial court in the land-for-jobs scam linked to his tenure as Railway Minister between 2004 and 2009.

The court held that proceeding with the framing of charges would not render his pending plea before the Delhi High Court infructuous. The bench refused to intervene at this stage, effectively allowing the trial court to continue its process.

Additional Solicitor General S. V. Raju, representing the investigating authority, argued that the lack of prior sanction under Section 17A of the Prevention of Corruption Act could be raised during the charge framing stage. He also urged the court to levy costs on Lalu for filing the application, but the bench opted not to impose any penalty.

On July 18, an earlier plea by Lalu to stay trial proceedings was similarly dismissed by the Supreme Court. At that time, the court advised the Delhi High Court to fast‑track its hearing and granted exemption to Lalu from personal appearance before the trial court. The High Court, in turn, rejected his attempt to stay proceedings on May 29, while issuing notice to the investigating agency on his petition challenging the FIR, scheduling a final hearing for August 12.

The land-for-jobs case, first registered on May 18, 2022, alleges that Group “D” appointments in various railway zones were secured in exchange for land parcels transferred to Lalu's family members or to shell companies tied to them. It is claimed these appointments bypassed formal advertising or recruitment norms and were orchestrated under the ex-minister’s influence. Several recruits from Patna were placed at zones including Mumbai, Kolkata, Jabalpur, Jaipur and Hajipur. A chargesheet filed in June 2022 named Lalu, his wife Rabri Devi, their children Tejashwi Yadav, Misa Bharti and others, as well as 77 individuals including job aspirants.

Legal analysts note that the top court’s decision underscores its view that postponing trial court proceedings does not undermine the legal challenge before the High Court, which remains operative irrespective of framing of charges. It also signals a judicial preference for allowing parallel but distinct adjudicative threads to proceed.

Political observers highlight that this decision comes at a critical juncture, with upcoming state elections in Bihar. The Supreme Court’s directive not to hinder the trial may have broader implications for Lalu’s political campaign, given the spotlight on the land-for-jobs allegations.

Lalu's legal team continues to challenge the legitimacy of the FIR and the chargesheets, asserting procedural violations, including the lack of sanction before initiating the investigation. At the Delhi High Court, hearings will determine whether the FIR and the charge sheets can be quashed. Meanwhile, the trial court is authorised to proceed with framing charges under the statutes as laid out in the Prevention of Corruption Act, subject to outcomes in higher courts.
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