Fodder scam case: When Rs 950 crore was passed off as chickenfeed

It involved an estimated Rs 950 crore. The CAG’s reports from 1992-93 to 1995-96 described how the animal husbandry department had been making excessive withdrawals from the treasury. A series of probes later unearthed that the frauds went back 20 years. Politicians and senior officials in Bihar would invent livestock herds and show fake bills for withdrawing the money for various agricultural support programmes,such as purchase of fodder,medicine and artificial insemination equipment.

Express Editorial: No full stops

Lalu ordered a vigilance department probe and also referred the matter to the public accounts committee. Meanwhile,nine PILs (later clubbed into one) were filed.

The first FIR was registered with Chaibasa police on January 24,1996. This was after then West Singhbhum deputy commissioner Amit Khare had detected the fraudulent withdrawal of Rs 37.70 crore from the Chaibasa treasury,the case that Monday’s verdict relates to. The withdrawal was supposedly for supply of feed,fodder,equipment and medicines; 78 fake bills were produced.

Quick Edit: After Lalu’s conviction,Cong explores option

On March 19,the CBI took over this case (RC 20A/1996). It was one of 55 cases,all but two of which were later transferred to Ranchi.

Cases against Lalu

The first report on Lalu and his predecessor Jagannath Mishra’s involvement was presented by then vigilance inspector Bidhu Bhushan Dvivedi to then director general G Narayan. The inspector is now a witness in many of the cases.

Then CBI joint director Upen Biswas was hailed for pursuing the cases against Lalu at a time when the governments of H D Deve Gowda and then I K Gujral depended on the RJD leader’s support.

Related: Lalu to appeal in HC,family alleges ‘conspiracy’

Apart from the case in which he was convicted Monday,Lalu is named in three more cases pending in Jharkhand. Of the two cases in Bihar,one has seen him acquitted while the other is pending.

In 1997,after a court issued an arrest warrant against him in one of the cases,Lalu had to resign as chief minister. However,he did so after first threatening to unleash violence in the state if he was arrested — prompting the Centre to rush extra forces — and then installing Rabri in his place.

Related: Fodder Scam Timeline

Lalu has been jailed three times in fodder scam cases,the longest stint lasting 90 days.

Current case

RC 20 A/1996 involves 56 accused including former CMs Lalu and Mishra,besides politicians Jagdish Sharma and Dhruv Bhagat. Seven of the accused died during the trial; these included former animal husbandry ministers Bhola Ram Toofani and Chandradeo Prasad Verma. Two other accused,Raghabendra Kumar Das (then administrative officer,animal husbandry directorate) and Deepesh Chandak (supplier) have turned approvers,while Pramod Kumar Jaisawal (another supplier) has already been convicted. Then Chaibasa DC Sajal Chakravartee was acquitted by the Jharkhand High Court. The other 45 accused have all been convicted.

Fodder scam: Lalu Prasad taken to jail

The chargesheet was submitted on July 23,1997 at special CBI court in Ranchi under various sections of the IPC and Prevention of Corruption Act. Lalu Prasad is accused No 20.

According to the chargesheet,Lalu,who took over as chief minister on March 10,1990,and looked after finance himself,was aware of the huge and suspicious withdrawals.

Delay & obstruction

The CBI contended that though Lalu recommended a vigilance probe,he “conspired with then opposition leader and former CM Jagannath Mishra,and chairman of the public accounts committee Jagdish Sharma to obstruct and delay the probe by transferring the matter to the PAC”. The CBI pointed out how Sharma had written to Lalu saying parallel inquiries could not continue,leading to Lalu winding up the vigilance probe.

Fodder scam: Ex-CM Jagannath Mishra and a JD(U) MP also convicted

The chargesheet said Lalu,rather than taking any action against alleged scam kingpin Shyam Bihari Sinha (now deceased,then animal husbandry joint regional director,South Chhotanagpur Range,Ranchi),gave him a year’s extension in December 1993. It was Jagannath Mishra who had recommended the extension. Though the finance department objected,it was overruled by Lalu.

The CBI said Sinha,during his extended tenure,was involved in fraudulent withdrawals. The chargesheet said Lalu did not respond to a letter that the director of the Central Vigilance Committee,New Delhi,sent to the Bihar government on July 27,1993,seeking an inquiry into corruption in the animal husbandry department.

The income tax department later seized Rs 30 crore from the residence of Sinha and other departmental officials and suppliers. The CBI said Lalu sat on the file and did not allow a vigilance probe in spite of this.

Lalu gave a year’s extension to another AHD official,Raghabendra Kumar Das (then administrative officer,animal husbandry directorate,Patna),in 1994. This was again despite objections by the finance department.

The CBI said Lalu was also reluctant to allow a probe after then finance commissioner V S Dubey wrote him a detailed note about alleged loot of over Rs 1,000 crore from various treasuries.

Leadership crisis ahead of polls

Senior RJD leaders Raghuvansh Prasad Singh,Prabhunath Singh and Jagdanand Singh,all MPs,Shakuni Choudhary and Abdul Bari Siddiqui,the legislature party leader,form the second line of command after Lalu Prasad and are expected to share his responsibilities. There is no hint of any of them emerging the sole leader.

“We will still take orders from Laluji from prison. If the need arises,Rabri Devi can be made party president or working president,” said a senior leader,adding Lalu’s youngest son Tejaswi Prasad was already showing a lot of maturity. And Rabri said,“Along with my sons,I can take care of the party.”

RJD sources hinted at forming a collegium of senior leaders guided by Lalu. “But if he is convicted for years,it will be difficult to hold the party together,” said a source. “It can work if the party does well in the Lok Sabha election,else there could be an exodus to the JD(U) or even the BJP.”

The blow comes when the RJD was hoping to seal its Muslim vote bank after Nitish Kumar’s split with the BJP. Though they have only 23 seats out of 243,the RJD and the LJP won 76 lakh votes against the NDA’s 1.13 crore,indicating they still commanded much of the Muslim and Yadav votes. “Yadav voters (11 per cent) still look at Lalu as their leader. Now the BJP has made Nand Kishore Yadav leader of the opposition,” said a worried RJD insider.

Nitish Kumar refused to comment on the verdict. The JD(U) meets in Rajgir on October 28 and 29. “The CM has already hinted the party will discuss its poll strategies including the possibility of a Congress alliance,” said JD(U) national spokesperson K C Tyagi.

BJP targets Nitish

New Delhi: Lalu Prasad and Jagannath Mishra convicted,the BJP claims Nitish Kumar could be next. “A public interest litigation was filed in a fodder scam case in the Jharkhand High Court and a third chief minister may be indicted. The CBI is slated to file an affidavit by November 22,” said BJP general secretary Rajiv Pratap Rudy. The petition alleges Nitish and Shivanand Tiwari were beneficiaries in the scam. ENS