Path To Prosecution
A few days of uncertainty followed the CBI's request to the state governor to prosecute the chief minister. The governor, A. R. Kidwai, was accountable to the federal government, and had already stated that he would need to be satisfied that strong evidence against Laloo existed before he would permit a formal indictment to proceed. The federal government, led by newly appointed prime minister Inder Kumar Gujral who had just succeeded the short-lived government of the previous prime minister HD Deve Gowda, consisted of a coalition that depended on support from federal legislators affiliated with Laloo for its survival. It was also unclear why the CBI had sought the governor's consent in the first place and, when the High Court demanded to know why it was being sought, the CBI stated that it was a "precautionary measure." The High Court, questioning the tactic, warned that it would allow some time for the permission to transpire, but if it sensed a delay, it would force a prosecution on its own authority.
On June 17, the governor gave permission for Laloo and others to be prosecuted. Five senior Bihar government officials (Mahesh Prasad, science and technology secretary; K. Arumugam, labour secretary; Beck Julius, animal husbandry department secretary; Phoolchand Singh, former finance secretary; Ramraj Ram, former AHD director), the first 4 of whom were IAS officers, were taken into judicial custody on the same day. The CBI also began preparing a chargesheet against Laloo to be filed in a special court. Expecting to be accused and imprisoned, Laloo filed an anticipatory bail petition, which the CBI opposed in a deposition to the court, listing the evidence against Laloo. Also, on June 21, fearing that evidence and documentation that might prove essential in further exposing the scam were being destroyed, the CBI conducted raids on Laloo's residence and those of some relatives suspected of complicity.
On June 23, the CBI filed chargesheets against Laloo and 55 other co-accused, including Chandradeo Prasad Verma (a former union minister), Jagannath Mishra (former Bihar chief minister), two members of Laloo's cabinet (Bhola Ram Toofani and Vidya Sagar Nishad), three Bihar state assembly legislators (RK Rana of the Janata Dal, Jagdish Sharma of the Congress party, and Dhruv Bhagat of the Bharatiya Janata Party) and some current and former IAS officers (including the 4 who were already in custody). Mishra was granted anticipatory bail by the Bihar state High Court. Laloo's anticipatory bail petition, however, was rejected by the same court, and he appealed to the Supreme Court, which resulted in a final denial of bail on July 29. On the same day, Bihar state police were ordered to arrest him. The next day, he was jailed. Later, the Bihar Director General of Police, SK Saxena, justified the one-day delay in arresting Laloo by stating in court that "any precipitate action would have led to police firing and killing of a large number of people."
Read more about this topic: Fodder Scam
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