In a major relief to Finance Secretary Sukhdev Singh, the Jharkhand High Court on Tuesday put a stay on the order passed by Special CBI Court of Shivpal Singh directing him to appear physically to be made also an accused in fodder scam case RC64A/96.
Hearing the quashing petition filed by Singh challenging the order passed by the Special CBI Court, a Bench of Justice Apresh Kumar Singh also directed the CBI to file a counter affidavit in this regard.
Singh, who is of additional chief secretary rank, had been asked by the special CBI judge Shivpal Singh on January 3, to be present physically before it on January 23 under Section 319 of CrPC. The order was passed during the conviction of RJD chief Lalu Prasad and 15 others in fodder scam case RC64/96 allegedly for failing to prevent illegal withdrawals from the Deoghar treasury when he was posted in Deoghar as Deputy Commissioner from June 23, 1993, to May 5, 1994.
“The court has put a stay against the summon issued by the Special CBI Court and has given a time of four weeks to the CBI to file counter affidavit in this regard,” said petitioner’s Advocate. The court has also directed the CBI to cover the three questions of law raised by the petitioner.
Singh’s counsel submitted in the court that the fake allotment of funds was done during the period 1992 to 1993, while he (Singh) took charge as Deoghar Deputy Commissioner on June 22, 1993 and was transferred immediately after a short span of 11 months in 1994. Immediately, after attaining the office, Singh ordered an inquiry on July 13, 1993.
“Had he been the part of conspiracy, he would not have initiated the inquiry in this regard,” said the Advocate. Another point raised by him was the CBI court had no jurisdiction to summon Singh, a prosecution witness in the case, after pronouncement of the Judgment in the case which is mandatory under CrPC Section 319.
“My third submission was that no sanction was obtained before summoning Singh, which is mandatory in case of a civil servant,” said the Advocate. A show cause must be issued, before summoning a civil servant, he added.
CBI Counsel Rajiv Sinha, on the other hand, countered him saying that the order was quite under the jurisdiction of the Special CBI Court as both the orders, judgment and the summon, were passed on the same day simultaneously.
“As far as taking sanction for summoning him is concerned, under Section 19 of the Prevention of Corruption Act, it is automatic which is to be placed in the court,” said Sinha.
Notably, the testimonies provided by Singh had helped the investigating agency secure high-profile convictions, including that of Lalu Prasad.
Earlier, Lalu’s advocate also pleaded before the court to expedite hearing on the appeal filed by him against his conviction in fodder scam case RC64A/96 following which the court fixed February 2 for hearing.
Meanwhile, Lalu appeared before the Special CBI Court of Pradip Kumar in another fodder scam RC47A/96 during which statements of the prosecution witness, the then Block Animal Husbandry Officer Dr AK Singh, was registered. The defence counsel also cross examined the prosecution witness.
Following a direction passed by the Court for physical appearance of all accused persons on Tuesday, as many as 214 out of a total of 220 accused persons appeared physically in the Court. Those who could not appear on Tuesday due to various reasons, they have been directed to appear on February 7.