30 September 2013

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In Depth Fodder Scam Lalu Prasad Convicted Time Line Fodder Scam

In Depth Fodder Scam Lalu Prasad Convicted Time Line Fodder Scam

The fodder scam is also known as "Chara Ghotala"
The multi-million animal husbandry department scam was called as Fodder Scam or Chara Ghotala.

The Fodder Scam was a corruption scandal that involved the embezzlement of about INR9.5 billion (equivalent to INR20 billion or US$310 million in 2013) from the government treasury of the eastern Indian state of Bihar.

There is also allegation on Nitish Kumar and Shivanand Tiwari of receiving 1 crore and 60 lakh Rupees respectively from S.N. Sinha.

Rashtriya Janata Dal (RJD) former Bihar chief minister,  and Union Minister Chief Lalu Prasad  and 44 others has been convicted by a special Central Bureau of India (CBI) court in Ranchi in one of the cases - RC 20 A/96 - of the multi-crore fodder scam
He was charged with following Indian Penal Code sections
Section 420 (cheating)
120(B) (criminal conspiracy),
Section 13(2) of the Prevention of Corruption Act, 1988
He had been jailed, he was kept in relative comfort at the Bihar Military Police guest house.
Later on he got the bail after 135 days.

There were a total of 56 accused in the Fodder Scam case.
But during the trial, seven accused died, two turned approver, one admitted to the crime and one was discharged

Lalu and Jagannath are accused in a total of five fodder scam cases.

The 44 convicts include former Bihar chief minister and Congress leader Jagannath Mishra, six politicians and four Indian Administrative Service (IAS) officers.

Lalu has been convicted of corruption, criminal conspiracy and cheating
Lalu was arrested and sent Birsa Munda Central Jail in Ranchi a few minutes after the verdict.
Lalu Prasad along with Jagannath Mishra and 36 others were sent to jail.
Seven of those convicted have got less than three years in jail and have been granted bail,

The other politicians who have been convicted are
a)Janata Dal United MP Jagdish Sharma,
b)former legislators RK Rana,
c)Dhruv Bhagat
d)Vidya Sagar Nishad

The sentencing will take place on October 3.
The quantum of punishment will be announced through video-conferencing on October 03.

Lalu will get the punishment of more than 2 years after this it disqualifies him from Parliament and renders him ineligible for contesting elections for at least six years as per a recent Supreme Court order.

In that case, both the Lok Sabha elections in 2014 and the Bihar state assembly elections in 2015
Lalu will miss both the elections.

Currently Lalu Prasad is 66 years old  scam happened took place 17 years back when he was
49 years old

Justice delayed Justice Denied

Fodder Scam Time Line –

February 1985 –
the then Comptroller and Auditor General of India, T.N. Chaturvedi, took notice of delayed monthly account submissions by the Bihar state treasury and departments and wrote to the then Bihar chief minister, Chandrashekhar Singh, warning him that this could be indicative of  embezzlement.
 This initiated a continuous chain of closer scrutiny and warnings by Principal Accountant Generals (PAGs) and CAGs to the Bihar government across the tenures of multiple chief ministers (cutting across party affiliations), but the warnings were ignored in a manner that was suggestive of a pattern by extremely senior political and bureaucratic officials in the Bihar government
Year 1992,
Bidhu Bhushan Dvivedi, a police inspector with the state's anti-corruption vigilance unit submitted a report outlining the fodder scam and likely involvement at the chief ministerial level to the director general of the same vigilance unit, G. Narayan.
In alleged reprisal, Dvivedi was transferred out of the vigilance unit to a different branch of the administration, and then suspended from his position.
He was reinstated by order of the Jharkhand High Court.

January 1996:
Deputy Commissioner Amit Khare raids offices of animal husbandry department, seizing documents showing syphoning of funds by non-existent companies in the name of supplying fodder.
The corruption scheme involved the fabrication of "vast herds of fictitious livestock" for which fodder, medicines and animal husbandry equipment was supposedly procured

March 11, 1996:
Patna High Court directs CBI to probe the scam.

March 19, 1996:
Supreme Court confirmed the Patna high court order, directed a bench to monitor the probe.

March 27, 1996:
CBI registers FIR in Chaibasa treasury case.

June 23, 1997:
CBI files charge sheet and makes Lalu Prasad accused.

July 27, 1997:
Lalu Prasad was forced to quit the chief minister's post as his name figured in the CBI investigations in the scam
Lalu Prasad, he installed his wife Rabri Devi as chief minister of Bihar.

July 30, 1997:
RJD chief Lalu Prasad surrenders before CBI court, sent to judicial custody.

August 19, 1998:
Disproportionate assets case registered against Lalu Prasad and his wife Rabri Devi.

April 4, 2000:
Lalu Prasad chargesheeted and Rabri Devi was made a co-accused in the DA case.

April 5, 2000:
Lalu Prasad and Rabri Devi surrendered,
Rabri Devi being the chief minister of Bihar got bail.

June 9, 2000:
Charges were framed against Lalu Prasad in court.

October 2001:
Supreme Court transfers fodder scam cases to Jharkhand after the creation of new state.

December 18, 2006:
Lalu Prasad and Rabri Devi were given clean chit in the disproportionate assets case.

February, 2002:
Trial begins in Ranchi special CBI court.

As the trial continued in Jharkhand court, several key witnesses and accused passed away.

August 13, 2013:
Supreme Court rejects Lalu Prasad's plea seeking transfer of the trial court judge hearing the case.

September 17, 2013:
Special CBI court reserves judgement.

September 30, 2013:
Two former Bihar Chief Ministers Lalu Prasad and Jagganath Mishra along with 45 others convicted by special CBI judge Pravas Kumar Singh.

Now Appeal will be filed in High Court and then again Appeal will be filed in Supreme Court of India

Before 2014 elections if congress and BJP both pass the law amendment then Lalu will be back in politics again

New Amendment purpose is the discard the Judgement of the Supreme Court which disqualified convicted criminals.

As trial Court found Lalu guilty means last 17 years guilty was free and enjoying political positions

Positions held by Lalu
Chief Minister of Bihar

Member of the Bihar Legislative Assembly.

Lalu's name springs up in a major scam.

parts with the Janata Dal and forms the Rashtriya Janata Dal.

Re-elected to 12th Lok Sabha (3rd term).

Member, General Purposes Committee, Committee on Home Affairs and its Sub Committee on Swatantrata Sainik Samman Pension Scheme, Consultative Committee, Ministry of Information and Broadcasting.
Re-elected to the 14th Lok Sabha (4th term). Appointed Cabinet Minister in the Ministry of Railways. In 2004, he was elected to the Lok Sabha with his party emerging as a key member of the UPA.

Re-elected to the 15th Lok Sabha (5th term).

DA Case –
A disproportionate assets (DA) case was filed against Lalu in August 1998.
The Income Tax claimed that Lalu had amassed wealth of Rs.4.6 million out of the government treasury.
Lalu and Rabri were chargesheeted in April 2000 and charges were framed by the court on 9 June 2000. Finally, the couple was acquitted on 18 December 2006 by a special CBI court.
CBI didn't appeal against this verdict in high court. 
However, Government of Bihar challenged the verdict (of CBI court) in Patna High Court and the high court accepted the plea.
This verdict of Patna High Court was challenged by Lalu and the CBI in SC
The SC in April 2010 declared that the Government of Bihar has no right to file appeal against acquittal of the accused even in cases where the CBI refuses to challenge the trial court or High Court's verdict favoring the accused
In yet another twist in the case, Government of Chhattisgarh in an unrelated case requested the Supreme Court to review its verdict in Lalu Yadav Disproportionate assets case.
The Government of Chhattisgarh was aggrieved by Supreme Court verdict in DA case when it was trying to challenge the acquittal of former chief minister Ajit Jogi's son Amit Jogi in a murder case.
After the trial court in Chhattisgarh acquitted Amit Jogi in May 2007, for over three-and-a-half years, the CBI again (similar to Lalu's DA case) did not file any appeal.
Chhattisgarh High Court rejected Government of Chhattisgarh's appeal due to Supreme Court's order (which is binding on all) in Lalu Disproportionate assets case.
On 19 March 2012, the Supreme Court agreed to review its own decision in Lalu's Disproportionate assets case.
However in May 2012, Supreme Court dismissed the Review Petition holding that the earlier Judgment did not suffer from any mistake apparent on the face of the record warranting any review.

 Being a VIP prisoner, Lalu may not have to don the jail colors — black and white — but he has already been assigned a number — Qaidi No. 1528 — his only identity for all purposes while in jail. He was earlier assigned temporary identity of Qaidi No. 3312.

It is speculated that Lalu would be teaching other inmates the fine art of politics.
He is set to earn an honest salary of Rs. 46 every day in his jail job.

Another former Bihar CM who has been jailed in the same case, Jagannath Mishra was allocated prisoner identification number 1529.

In short about Fodder Scam –

1)Total Scam amount – Rs.950 Crore

2)Total Cases – 64

3)Cases closed – 3

4)Cases disposed – 45

5)Trial stage – 16

6)Total Number of accused – 538

7)Accused Politicians – 9

8)Accused IAS officers – 7

9)Accused IRS officer -1

10)Accused AHD officials-197

11)Accused Treasury officials -66

12)Accused Suppliers -258

13)Conviction Rate in cases – More than 90%

Delayed Justice with no punishment encourages criminal minded people to do crime as there is no fear, one can do anything, enjoy life for without jail for 20 years or 30 years and in this period his kids and family, relatives every one becomes millionaire

Reality views by sm –

Monday, September 30, 2013

Tags – Laul Prasad Convicted


रविकर September 30, 2013  

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