New Delhi, March 19 – A Delhi court has dismissed applications filed by Rashtriya Janata Dal (RJD) chief Lalu Prasad Yadav, former Bihar Chief Minister Rabri Devi, and other accused seeking the supply of unverified documents in the alleged "railways land-for-jobs" corruption case.
Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts rejected three separate pleas moved by Lalu Prasad Yadav and Rabri Devi, former officer R.K. Mahajan, and Maheep Kapoor under Section 91 of the Code of Criminal Procedure (CrPC), observing that the demand for unverified documents was "untenable" and contrary to the scheme of criminal trial.
The court held that unverified documents cannot be claimed as a matter of right by the accused and may be sought only at an appropriate stage of trial, ordinarily when the defence evidence is led.
"The provision of unverified documents is not an unfinished business of Section 207 CrPC. It is rather a sparing discretion to be exercised by the court at the appropriate stage… and with reference to the document sought," the court said.
While the accused are entitled to a list of unverified documents, the court added that they cannot seek all such documents at the outset of prosecution evidence without demonstrating necessity and relevance.
Rejecting the plea of Lalu Prasad Yadav and Rabri Devi seeking all 1,675 unverified documents, the court observed that such a request would disrupt the trial and invert the statutory scheme.
"The prayer appears designed to condemn the trial to a maze at the very outset," the court remarked, adding that allowing such requests would shift focus from relied documents to unverified material and could lead to "unending cross-examination".
It further noted that the accused had already been provided with the list of unverified documents and given an opportunity to inspect them.
Dismissing all three applications, the court held that no exceptional circumstances were made out to justify deviation from the settled position of law.
The case pertains to allegations that during his tenure as Railway Minister between 2004 and 2009, Lalu Prasad Yadav abused his official position to facilitate appointments in the Railways in exchange for land parcels transferred to his family members or associated entities.
According to the Central Bureau of Investigation (CBI), candidates or their relatives allegedly transferred land at below-market rates, often through cash transactions, as quid pro quo for jobs in different railway zones.
Lalu Prasad Yadav and his family members have denied the allegations and pleaded not guilty, stating they will contest the case on merits.
Meanwhile, the Delhi High Court earlier this month issued notice to the CBI on a plea filed by Lalu Prasad Yadav challenging the trial court’s order directing framing of charges in the case.
In January, the trial court had framed charges against Lalu Prasad Yadav and several of his family members, observing that they appeared to be operating as part of a "criminal enterprise" allegedly using public employment as a means to acquire immovable properties.