National
Laloo appears in CBI court
By K. Balchand
PATNA, DEC. 6. The Joint Commissioner of Police, Security, Hyderabad, Mr. V.S. Kaumudi, in his capacity as the then CBI SP, in-charge of fodder scam cases, admitted before the CBI Special Court today that the Bihar Chief Minister, Mrs. Rabri Devi, was no
t made an accused in the disproportionate assets (DA) case during his tenure.
Mr. Kaumudi's deposition and the cross examination commenced today in the presence of the former Chief Minister and RJD president, Mr. Laloo Prasad Yadav, who was shifted to the Patna Central Jail on Tuesday.
Meanwhile, the Patna High Court today extended Mr. Yadav's provisional bail in the DA case till further orders with the CBI seeking a week's time for filing its counter-affidavit. Mr. Yadav's bail petition in the fodder scam case, on the other hand, challenging the order of the Ranchi Designated Court, will come up before the Supreme Court tomorrow.
Mr. Kaumudi, whose deposition remained inconclusive, said the FIR in the DA case was lodged in August 1998 and that Mrs. Rabri Devi was not made an accused till the completion of his tenure in January 1999, during the cross-examination by Mr. Yadav's lawyer, Mr. P.P. Singh.
Mrs. Rabri Devi is a co-accused in the DA case. She was granted bail when she surrendered before the CBI court. Mr. Yadav is the main accused in the case which charged him with having property worth Rs. 46 lakhs in excess of his known sources of income. Mr. Kaumudi denied that he had been ``repatriated'' or removed from his post and maintained that he returned to his parent cadre (Andhra Pradesh) on completion of his deputation with the CBI.
The then CBI SP also conceded that the Interpol had given a clean chit to Mr. Yadav after failing to trace any asset against in his name abroad. Mr. Yadav possessed no property in any other part of the country outside Bihar. Admitting that the secret report of the then DSP, Mr. B.N. Dhadgwal, formed the basis of the FIR, Mr. Kaumudi conceded that there was no mention of the report in the FIR nor any written report appended to it as required under the rules. He however said the FIR was based on records.
The FIR had been lodged on the directive from the CBI Director he said and stressed that there was no need to seek the State Government's permission as the Patna High Court had issued the orders.
Mr. Kaumudi agreed that the DA case was lodged when the NDA Government was in power at the Centre but he did not remember whether the legal advisers of the Government had recommended against pursuing the case. He also admitted that no criminal enquiry had been registered.
Asked why no seizure lists prepared after the raids at the Chief Minister's residence or at the native villages of Mr. Yadav and Mrs. Rabri Devi were forwarded to the court, Mr. Kaumudi once again said that he did not remember anything and how the matter proceeded after his departure.
Though he was pointedly asked if he had supvervised the raids at Phulwaria or Saraikal, native villages of Mr. Yadav, Mr. Kaumudi was not sure which village he had actually visited.
He however agreed that he had led the team to the Chief Minister's residence and that he had left the place after issuing ``necessary'' instructions. He was not sure if the investigators had taken into account the dairy farm and the agricultural activity on the campus.
Mr. Kaumudi said that he had drawn up a plan of action for the investigation of the case and issued written orders but could not recollect whether these covered enquiries into Mr. Yadav's income from dairy and agriculture. The court directed him to bring the necessary files and be specific in his answers tomorrow as Mr. Singh alleged that the case had been pursued with a bias.
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