Monday May 21, 2018
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SC notice to Lalu in fodder scam case

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New Delhi: The Supreme Court on Monday asked RJD chief Lalu Prasad to respond to the CBI plea challenging the Jharkhand High Court order dropping the conspiracy charge against him in a fodder scam case while holding that a person could not be tried twice for the same offence.

816px-LaluprasadyadavThe bench of Justice Madan B. Lokur and Justice S.A. Bobde issued notice asking Lalu Prasad to respond in four weeks.

The court tagged the plea by the Jharkhand government moved through the CBI with another earlier matter pending before the court.

In the instant case, the high court had allowed the CBI to go ahead with the prosecution of Lalu Prasad on charges of causing disappearance of evidence of an offence committed or giving false information, and attempting to commit offences punishable with imprisonment for life under relevant sections of the Indian Penal Code.

However, the high court restrained the CBI from proceeding against Lalu Prasad under many IPC sections and the Prevention of Corruption Act, charges for which he has already been tried in other cases.

The high court had held that a person could not be tried twice for the same offence.

Earlier in another fodder scam case, the CBI court in Ranchi had convicted Lalu Prasad, former Bihar chief minister Jaggannath Mishra and 42 other in September 2013, for fraudulently withdrawing Rs.37.7 crore from the Chailbasa treasury during Lalu Prasad’s government.

Lalu Prasad was awarded five years’ imprisonment by the special CBI court in Ranchi for his involvement in the fodder scam. He was also imposed a fine of Rs.25 lakh.

Lalu Prasad was granted bail by the apex court on December 13, 2013 after his plea for bail was rejected by the Jharkhand High Court.

(IANS)

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Another Deadline Missed, No Draft Scheme on the Cauvery Dispute Till Now

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme.

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The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.
Supreme Court of India. Wikimedia commons

The Centre yet again failed to submit a draft Scheme on the Cauvery river water dispute before the Supreme Court on the ground that the Prime Minister and other ministers were campaigning in Karnataka, which Tamil Nadu flayed as “brazen partisanship”.

Seeking 10 more days to finalize the scheme, Attorney General K.K. Venugopal told Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud: “A draft scheme has been placed before the Cabinet. Because of Karnataka elections, the Prime Minister and all other Ministers are in Karnataka. Before that the Prime Minister was abroad (in China).”

It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.
Parliament of India, wikimedia commons

The Centre’s submission was countered strongly by senior counsel Shekhar Naphade, appearing for Tamil Nadu, who said: “Sorry to say, the Central government is politicizing the issue. They are worried about their electoral fate in Karnataka. Election in Karnataka is on May 12 and somehow they don’t want to do it till then. We have enough of it. It is brazen partisanship of the Union of India. It is the end of co-operative federalism.”

The apex court in its February 16 judgement had directed the Centre to frame a Scheme within six months in accordance with the recommendation by the Cauvery River Water Tribunal for constitution of the Cauvery Management Board (CMB) and Cauvery Regulatory Authority (CRA), which Karnataka opposes strongly.

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme. Tamil Nadu filed a contempt petition against the Centre for failure to act within the deadline.

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During Thursday’s hearing, the court directed the Karnataka government to respond on how much of the four TMC of water it can release by month end. It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.

In the course of the hearing, the court asked Karnataka to release 4 TMC of water by Monday.

The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.

The court directed the next hearing of the matter on Tuesday. (IANS)

 

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