Apex court dismisses plea for CBI probe against Lalu Prasad

New Delhi: The Supreme Court refused Tuesday to entertain a plea seeking a direction to the Central Bureau of Investigation (CBI) for registration of a fresh case against former Union Minister Lalu Prasad and others in the "land for railway job scam". The top court said that the petitioner, claiming to be a whistle-blower of the scam, can approach the appropriate forum for the relief and the plea is not maintainable under Article 32 of the Constitution, under which an individual may seek redressal for the violation of their fundamental rights.

A bench of Justices A K Sikri and Ashok Bhushan said the present petition cannot be entertained under Article 32 and he can approach the high court with his grievances.

Senior advocate C U Singh, appearing for petitioner Vankatesh Kumar Sharma, said that direction should be issued to constitute an SIT to inquire into the acts of commission and omission against the Director CBI and the director of prosecution CBI with respect to the complaint of the petitioner dated April 19, 2017.

He said that as per the CBI manual, the director has to include all the allegations in the complaint case in the FIR but the averments with regard to "land for railway jobs" were deliberately not recorded and only the second averments with respect to IRCTC scam was recorded. "We are more liberal these days in entertaining petitions filed under Article 32 of the Constitution. Why can't you go to high court. Can't the high court decide these issues," the bench said. Singh said that there are wider aspects which relate to the CBI director.

"Sorry, we are not inclined to entertain this petition. You can easily approach the high court with your grievances," the bench said. Attorney General K K Venugopal, appearing for the Centre, said that CBI director is appointed by Prime Minister, Leader of Opposition and Chief Justice of India and the person so appointed has preferably not less than two years tenure.