SC refuses to drop land-for-rails FIR against Lalu

New Delhi: In a setback for Lalu Prasad; Supreme Court on Monday refused to quash the FIR charging him in the land-for-job case but exempted him from court and allowed him to raise the issue of sanction demands during the trial. A bench of Justices MM Sundresh and N Kotiswar Singh said: “We have nothing to disclose as to the application of Section 17A of the Prevention of Corruption Act, whether prospectively or retrospectively. Considering the facts and circumstances, the petitioner is entitled to raise issues of law at the time of trial.” Opposing Lalu’s plea, Additional Solicitor General SV Raju, appearing before the CBI, said Section 17A can be invoked only if the accused is the decision-making authority. He submitted that his prior approval under Section 17A was not required as he was neither the one who took the decision nor the recommending authority. Section 17A of the Prevention of Corruption Act states that a police officer shall not inquire or investigate any offense suspected of being committed by a public officer under the law without the prior approval of the relevant authority. Lalu’s senior lawyer Kapil Sibal said no investigation would be conducted until the authorities were sanctioned. “At least the final order may not be passed. Other matters on the same issue are pending and we are not getting any relief. It is not fair,” he said when the bench refused relief. On March 24, the Delhi High Court refused to quash the CBI FIR involving Lalu’s case.