On July 18, the Supreme Court of India refused to stay the land-for-job scam trial against former Bihar Chief Minister and RJD leader Lalu Prasad Yadav.
A bench of Justices M.M. Sundresh and N. Kotiswar Singh heard Yadav’s special leave petition against the Delhi High Court interim order which refused to stay the ongoing trial. The court said the main petition is still pending in the High Court.
“We will not stay. We will dismiss the appeal and say let the main case be decided. Why should we keep this small case on hold?” – Justice M.M. Sundresh
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The Supreme Court also clarified that Lalu Prasad Yadav is not required to appear in person during the trial proceedings and requested the High Court to expedite the hearing on the main petition challenging the lower court's cognizance of the CBI chargesheets.
Senior advocate Kapil Sibal appeared for Yadav, while Additional Solicitor General S.V. Raju represented the CBI.
Kapil Sibal argued that the CBI did not take prior permission under Section 17A of the Prevention of Corruption Act, which is mandatory for starting an investigation against a public servant. He stressed that permission was taken for other accused government officials but not for Lalu Yadav, who was a Union minister from 2005 to 2009.
"The excitement is clearly visible. He was a minister from 2005 to 2009. The FIR was filed in 2021. Investigation cannot start without permission." – Kapil Sibal
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However, Additional Solicitor General Raju countered that Section 17A, added through the 2018 amendment, did not apply to the case as the alleged offences were committed before the amendment. He argued that the validity of retrospective application of Section 17A is still pending before a larger bench of the Supreme Court.
The bench declined to examine the merits of the case at this stage and dismissed the appeal.
Background:
Yadav had approached the Delhi High Court challenging the trial court proceedings and the registration of the FIR as well as the three chargesheets filed by the CBI. Justice Ravinder Dudeja of the High Court issued notice on the main petition but dismissed the interim plea, saying there were no compelling reasons to stay the proceedings in the Rouse Avenue court.
The High Court said Yadav was free to raise all arguments, including objection to Section 17A, during framing of charges in the trial court.
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"There are no solid grounds to stay the proceedings at this stage." – Delhi High Court
According to the CBI, between 2004 and 2009, when Yadav was the Railway Minister, several Group-D posts were allegedly filled in exchange for land. These lands were transferred to Yadav's family members or a firm called M/s A.K. Infosystems Private Limited, which was later acquired by the Yadav family.
The CBI filed its chargesheet on October 10, 2022, naming 16 accused, including Lalu Prasad Yadav, his wife Rabri Devi and daughter Misa Bharti.
Case Title: Lalu Prasad Yadav vs Central Bureau of Investigation
Case Number: SLP (CRL) No. 10097/2025