SC relief for Lalu: state govt cant appeal CBI case acquittal

decision of the Centre not to appeal against the acquittal of the couple by a Patna CBI court in December 2006.

The 35-page judgment,written by Justice Lodha,held that under Section 378 (2) of the Criminal Procedure Code (CrPC) only the Central government had the right to appeal an acquittal to the High Court in a case investigated by the CBI under the Delhi Special Police Establishment Act,1946 or by any other agency under any Central Act.

The Legislature has maintained a mutually exclusive division in the matter of appeal from an order of acquittal inasmuch as the competent authority to appeal in two types of cases (investigation by CBI or a central agency) is the central government and the authority of the state government in relation to such cases has been excluded, the bench held.

Experts say the decision may deter state governments from handing over cases,especially high-profile corruption matters,for CBI probe.

Both Lalu Prasad and the CBI had separately moved the Supreme Court in late 2007 after the Patna High Court gave the Bihar government permission on September 20,2007 to pursue the case against the couple,despite the CBI evincing no interest to appeal in the High Court the Special Judges verdict of acquittal.

The bench today held that the state appeal against the acquittal in the case was not maintainable as it had exclusively been a central investigation,and the right to appeal against the acquittal solely rests with the Central government and not the state.

A close look at the provisions of the 1946 Act would show that investigation there under is a central investigation and the officers concerned are under the superintendence of the officer appointed by the central government, the bench observed.

What is,therefore,important to notice is that it is the Central government which is concerned with the investigation of the case by the Delhi Special Police Establishment and its ultimate result, the court held.

The Supreme Court interpreted that the main object and legislative intent was to fetter the general power given to the state government in filing appeal from the order of acquittal in cases investigated by central investigative agencies.

The court said it is the right of the Centre to appoint a public prosecutor to file an appeal from an order of acquittal in Centrally-investigated cases. A state government is not competent to instruct a CBI prosecutor to go in appeal,it said.