The orders given by the special CBI court of Shiv Pal Singh to put the convicts of fodder scam case RC64A/96 in the Open Jail in Hazaribagh has put the State Government in a spot as there is no provision to lodge normal convicts there. Pronouncing imprisonment of RJD Chief Lalu Prasad and other 15 convicts in the case, the special CBI court on Saturday, citing old age of the convicts, recommended the State Government to preferably lodge them in ‘Open Jail’ in Hazaribagh.
The court order stated that, “After perusal of all documentary and oral evidences as on record, it transpires that the offence is related to AHD Department. Convicted accused are expert to supply feed, fodder, medicine to Animals and some accused are Doctor of Animals, so it is recommended to State Government that preferably use Open Jail which is running in the Jharkhand State in Hazaribagh. The atmosphere of the open jail is good for convicted accused because they are old age. So, they can serve easily awarded sentences and help in dairy which running by open jail authority in that jail campus, according to jail manual.”
The Jail Manual, however, does not have any provisions of lodging normal convicts where only former Naxals have to be accommodated with their families who have surrendered before the Police with an intention to join the mainstream.
“There is no such provision of lodging fodder scam convicts in the jail as it is exclusively meant for the hardcore Maoists who have surrendered before the police and those undergoing life imprisonment having shown good conduct in the jail so that they could spend some time with their wives and minor children,” said a former jail superintendent requesting anonymity. The Hazaribagh Open Jail, inaugurated in November 2013, has 100 small cottages each having one room, a kitchen and an attached bathroom, he added.
Jail IG Harsha Mangala, declining to respond directly to the issue said that he had not seen the orders and will be able to say anything in this regard only after going through it. “I am on leave till today, let me reach office tomorrow, then only I will be able to say anything in this regard,” said the Jail IG.
Prasad’s counsel, who visited him on Sunday to fetch court’s order, expressed surprise, saying there was no such provision in the jail manual to lodge such convicts in open jail.
“I met the Jail Superintendent who was surprised to see the court’s order recommending the State Government to shift my client along with other 15 convicts to Open Jail in Hazaribagh. He said that Open jail is only for the hard core Maoists or people undergoing life imprisonment with a purpose to rehabilitate them to lead a normal life along with their families,” said Advocate Prabhat Kumar. He, however, said that he will take advantage of the court’s direction in the High Court.
“This direction will also be included as one of the points in filing appeal in the High Court to prove that the order was passed in the case without application of mind,” said Kumar.
Remarkably, Lalu Prasad and other convicts had pleaded minimum sentencing in the case on health grounds and requested the court to take a lenient view.
The special CBI Court on Saturday pronounced 3.5 years’ jail for RJD chief Lalu Prasad and also slapped a fine of Rs 10 lakh in a fodder scam case RC64A/96, related to fraudulent withdrawal from Deoghar treasury during 1991 to 1994.