Tejashwi Yadav will appear before CBI on March 25 but won't be arrested this month, the HC was informed of the Land-For-Jobs Scam
Tejashwi Yadav, the deputy chief minister of Bihar, consented to appear before the investigation agency on March 25 for interrogation in connection with an alleged land-for-jobs scam after the Central Bureau of Investigation on Thursday informed the Delhi High Court it would not arrest him this month.
The CBI attorney said before Judge Dinesh Kumar Sharma that the organisation had no plans to detain Tejashwi Yadav this month. After receiving the guarantee, Tejashwi Yadav's attorney, senior advocate Maninder Singh, informed the court that the leader will appear before the investigating officer on March 25 at 10:30 am at the CBI headquarters in Delhi.
The high court dismissed Tejashwi Yadav's appeal, taking into account the arguments made by both parties, in which he sought the revocation of the CBI's summons ordering him to appear before it in Delhi.
Tejashwi, the RJD leader and son of former Bihar Chief Minister Lalu Prasad Yadav, said in his appeal that he had written the investigating officer many times requesting time since the current Bihar assembly session will end on April 5.
According to Tejashwi Yadav's attorney, he has received three summonses since February. He has asked the agency to allow him to appear in person at the CBI office in Patna if necessary until the budget sessions are over, or to request any information or documents on his behalf through his authorised representative in New Delhi.
He said that one of the co-accused was summoned to the CBI's Delhi headquarters for interrogation but was instead detained. "I worry that they'll treat me the same way. Tejashwi Yadav, who controls four ministries in the Bihar government, was represented by a renowned lawyer who said that their goal was to have me come here and be arrested.
In response, Tejashwi Yadav might appear in front of the agency on any Saturday this month at his leisure, according to CBI's lawyer D P Singh, who noted that the house does not meet on Saturdays.
The CBI's attorney argued that Tejashwi Yadav's physical presence is required because documents must be shown to him and the agency's chargesheet was ready, which must be filed in court this month alone, despite the judge's suggestion that the CBI find another way to question Tejashwi Yadav before April 5.
Tejashwi Yadav won't be detained this month, the CBI's attorney reassured the court. Maninder Singh, a top attorney, said, "But later the investigating officer would say 'upar se phone aagaya tha. Bohat khatarnak hota hai ye upar ka phone. Those like us are not treated well by the system.
The issue concerns alleged appointments made in the railways in exchange for land parcels given to or purchased by Lalu Prasad Yadav's family between 2004 and 2009 when he served as railway minister. In its chargesheet, the CBI said that irregular appointments had been made in the railroads, in violation of the standards and hiring practises of the Indian Railways.
In support of his argument, Tejashwi Yadav cited section 160 of the Criminal Procedure Code, which specifies that notifications for an individual's presence must be served within the local jurisdiction of a police station or within the neighbouring police station to the location of the individual.
He claimed to be a resident of Patna, Bihar, and that he had been requested to participate in the inquiry in Delhi, which is not a part of Patna's jurisdiction nor is it near it.
"The petitioner (Tejashwi Yadav) is currently holding a constitutional post as he is serving as the deputy chief minister of Bihar, the minister of health, the minister of road construction and public works department, the minister of urban development and housing as well as the minister of rural works and development in the Bihar government," the petition stated. As such, he is a public servant as defined by Section 2(c) of the Prevention and Corruption Act, 1988.
The petitioner has been been residing in the state of Bihar, and his present residence is in Patna, according to the statement. The appeal said that the petitioner must join the inquiry within three days of receiving the most recent notification, dated March 11, even though he has repeatedly written to the investigating officer requesting a delay since the current Bihar assembly session would end on April 5.
He has asked for the summonses from February 28, March 4, and March 11 to be quashed. The argument said that the current probe relates to claims made against his father and other officials, according to which certain individuals were granted positions in the railways' Group D replacement post in exchange for property parcels they allegedly transferred to Lalu Prasad's family members.
"The petitioner was a juvenile at the time, and the petitioner had no involvement to the claimed crime at all at that time. However, the respondent sent the contested notifications with the malicious goal of harassing the petitioner without cause "It said.
In connection with the case involving the alleged land-for-jobs scam, a trial court in this city on March 15 granted bail to RJD leader Lalu Prasad Yadav, his wife, former Bihar chief minister Rabri Devi, their daughter Misa Bharti, and others after they appeared before it.