NEW DELHI, MAY 9 : Acting on a petition filed by Railway Minister and RJD supremo Lalu Prasad Yadav and his wife Rabri Devi challenging the Patna High Court’s decision to hear the state’s appeal against their acquittal in disproportionate assets (DA) case, the Supreme Court on Friday issued notice to the Bihar Government.

However, Chief Justice KG Balakrishnan, heading a Bench which also comprised Justices RV Raveendran and MK Sharma, said: “How can you (state Government) file an appeal where the investigating agency is not under your control? The CBI being prosecutor in the case can file an appeal. The state has no role to play in the case.”

The state Government, represented through senior advocate Harish Salve, contended that under Section 378(1) of the CrPC, it could always file an appeal. Earlier, senior advocate Ram Jethmalani appearing for Lalu and Rabri urged the court to hear the petition on “priority” as significant question of law had been raised.

Following the acquittal of the RJD supremo and his wife by the trial court in the DA case, the Bihar Government had moved the High Court. The move came after the CBI referred not to challenge the acquittal order.

On Friday, Solicitor General GE Vahanvati informed the apex court that the High Court had decided that the state Government’s appeal was maintainable.

On December 18, 2006, Special CBI judge Muni Lal Paswan had acquitted Lalu and Rabri in a case in which he was accused of amassing assets worth Rs 46 lakh beyond his known source of income .