Rashtriya Janata Dal chief and former Railway Minister Lalu Prasad Yadav has approached the Delhi High Court seeking the quashing of an FIR filed by the Central Bureau of Investigation in connection with the alleged ‘land-for-jobs’ scam.
The petition comes just days ahead of the scheduled commencement of charge framing in the trial court on June 2.
Appearing for Yadav, Senior Advocate Kapil Sibal argued that the CBI had failed to obtain the mandatory prior sanction required to investigate a public servant under the law. Citing a Supreme Court ruling, Sibal said:
“An inquiry cannot proceed without prior approval, which is a mandatory requirement.”
He added that while such sanction was secured for other accused in the case, no approval was obtained in Yadav’s case, making the investigation legally unsustainable.
Demand For Interim Relief
Given that arguments on the framing of charges are imminent, Yadav’s legal team requested the court to grant an interim order staying the trial proceedings until the High Court rules on the petition to quash the FIR. The request underscores concerns over proceeding with trial formalities while a core legal question remains unresolved.
CBI Opposes Plea
The CBI, opposing Yadav’s petition, challenged its maintainability. It asserted that Section 17A of the Prevention of Corruption Act, which mandates prior sanction for inquiry, did not apply in this case. However, the agency acknowledged that sanction under Section 19—which pertains to prosecution—was necessary and claimed it had already been obtained.
The agency further pointed out that the issue of sanction is already under judicial scrutiny before the Supreme Court, where a 3-judge bench is expected to hear the matter soon.
Justice Ravinder Dudeja, after hearing both sides, said that an order would be passed later in the day. The court did not issue any immediate interim relief.
Background
The alleged scam dates back to Lalu Prasad Yadav’s tenure as Union Railway Minister (2004–2009). The CBI and Enforcement Directorate (ED) allege that railway jobs were given to candidates in exchange for land parcels, which were transferred to Yadav or his family members, either as gifts or at prices well below market value.
The case has brought several members of Yadav’s family under the scanner, and both the CBI and ED continue to investigate various angles of the alleged quid pro quo scheme.
With the trial court set to begin charge framing shortly and a related matter pending in the Supreme Court, the Delhi High Court’s ruling on Yadav’s plea could significantly impact the trajectory of the case. If the FIR is quashed, it could offer major relief to Yadav; however, a rejection would clear the path for formal prosecution to proceed.
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