12-18-2006, 11:19 PM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Off the hook? </b>
The Pioneer Edit Desk
Not if CBI refuses to give up
Given the consequences had he and his wife been found guilty in the disproportionate assets case - for starters they would have gone to jail and his berth in the Cabinet would have gone - it is only natural that Union Railway Minister Lalu Prasad Yadav should exult over Monday's acquittal by a special CBI court. Ever since the disproportionate assets case was registered against Mr Yadav and his wife in August 1998, with the CBI accusing them of amassing wealth beyond their known sources of income, the former first couple of Bihar had been understandably worried about the outcome. Had Monday's judgement gone against Mr Yadav, then it would have indicated the possible outcome of the trial in the six fodder scam cases in which he is a prime accused.<b> For, the disproportionate assets case flows from the fodder scam in which Bihar's treasuries were looted of Rs 900 crore by corrupt politicians and bureaucrats. However, it would be incorrect to presume that Monday's judgement is necessarily a precursor to Mr Yadav's acquittal in other cases; the wheels of justice, we should remember, have a tendency to grind slowly, but grind finer</b>. Mr Yadav and his supporters, including those in the Congress, would do well to bear in mind that the last word has not been heard on the fodder scam cases. Moreover, there are umpteen examples of trial court judgements being overturned by higher courts. While the reasons why the judge came to a conclusion that cannot but have left a large number of people aghast are yet to be made public, it is entirely possible that the prosecution, after taking up the issue with great fervour, did not pursue the case with desirable diligence. With Mr Yadav resorting to every possible means to scuttle the case, and thus ensuring that it is dragged out over eight long years, a certain fatigue factor was bound to have set in. In any event, the CBI is not unknown for losing steam midstream, the reasons for which do not merit elaboration. <b>We have seen this happen in the past when high profile cases of corruption being prosecuted by the CBI were allowed to collapse in the most brazen manner.</b>
In its response to Monday's judgement, <b>the CBI has indicated that it may file an appeal in the Patna High Court, but has been cautious to add two riders: First, it will study the full judgement to see if it can be contested; and, second, the authority to decide whether or not to file an appeal is vested in the Government of the day. What this means is that the CBI could on its own decide that it does not have any grounds to appeal against the judgement acquitting Mr Yadav. And, even if it were to feel otherwise, the appeal is dependent on political clearance. </b>Such being the system, it makes little sense to berate cynics who insist that corruption shall continue to flourish in the absence of corrupt politicians getting their just desserts. Yet, cynicism cannot be allowed to overwhelm faith in the judiciary which stands like a wall between hope and despair. <b>Those who believe the law of the land can be subverted for personal aggrandisement and to escape punishment for criminal offences sooner or later find themselves running out of luck. </b>Meanwhile, the prosecution, namely the CBI, would be well-advised to revisit its conduct during the trial in the disproportionate assets case and, at least for the sake of the institution's image, challenge Monday's judgement with renewed vigour and determination.
<!--QuoteEnd--><!--QuoteEEnd-->
Another SOnia scam to stay in power.
Corrupt, Communal Sonia had won this round.
The Pioneer Edit Desk
Not if CBI refuses to give up
Given the consequences had he and his wife been found guilty in the disproportionate assets case - for starters they would have gone to jail and his berth in the Cabinet would have gone - it is only natural that Union Railway Minister Lalu Prasad Yadav should exult over Monday's acquittal by a special CBI court. Ever since the disproportionate assets case was registered against Mr Yadav and his wife in August 1998, with the CBI accusing them of amassing wealth beyond their known sources of income, the former first couple of Bihar had been understandably worried about the outcome. Had Monday's judgement gone against Mr Yadav, then it would have indicated the possible outcome of the trial in the six fodder scam cases in which he is a prime accused.<b> For, the disproportionate assets case flows from the fodder scam in which Bihar's treasuries were looted of Rs 900 crore by corrupt politicians and bureaucrats. However, it would be incorrect to presume that Monday's judgement is necessarily a precursor to Mr Yadav's acquittal in other cases; the wheels of justice, we should remember, have a tendency to grind slowly, but grind finer</b>. Mr Yadav and his supporters, including those in the Congress, would do well to bear in mind that the last word has not been heard on the fodder scam cases. Moreover, there are umpteen examples of trial court judgements being overturned by higher courts. While the reasons why the judge came to a conclusion that cannot but have left a large number of people aghast are yet to be made public, it is entirely possible that the prosecution, after taking up the issue with great fervour, did not pursue the case with desirable diligence. With Mr Yadav resorting to every possible means to scuttle the case, and thus ensuring that it is dragged out over eight long years, a certain fatigue factor was bound to have set in. In any event, the CBI is not unknown for losing steam midstream, the reasons for which do not merit elaboration. <b>We have seen this happen in the past when high profile cases of corruption being prosecuted by the CBI were allowed to collapse in the most brazen manner.</b>
In its response to Monday's judgement, <b>the CBI has indicated that it may file an appeal in the Patna High Court, but has been cautious to add two riders: First, it will study the full judgement to see if it can be contested; and, second, the authority to decide whether or not to file an appeal is vested in the Government of the day. What this means is that the CBI could on its own decide that it does not have any grounds to appeal against the judgement acquitting Mr Yadav. And, even if it were to feel otherwise, the appeal is dependent on political clearance. </b>Such being the system, it makes little sense to berate cynics who insist that corruption shall continue to flourish in the absence of corrupt politicians getting their just desserts. Yet, cynicism cannot be allowed to overwhelm faith in the judiciary which stands like a wall between hope and despair. <b>Those who believe the law of the land can be subverted for personal aggrandisement and to escape punishment for criminal offences sooner or later find themselves running out of luck. </b>Meanwhile, the prosecution, namely the CBI, would be well-advised to revisit its conduct during the trial in the disproportionate assets case and, at least for the sake of the institution's image, challenge Monday's judgement with renewed vigour and determination.
<!--QuoteEnd--><!--QuoteEEnd-->
Another SOnia scam to stay in power.
Corrupt, Communal Sonia had won this round.