Land-for-job scam: Special court frames charges against Tej Pratap

A special court at Rouse Avenue on Thursday formally framed charges against Tej Pratap Yadav in the alleged land-for-job scam being probed by the Central Bureau of Investigation (CBI). The court had earlier framed charges against former Railway Minister Lalu Prasad Yadav and Rabri Devi in the same case. The matter pertains to allegations that Group D jobs in the Railways were given to candidates in lieu of land parcels.

Add Asianet Newsable as a Preferred Source

Special judge Vishal Gogne framed charges against Tej Pratap Yadav in the Land for Job CBI case. He had appeared physically before the court. The case is already fixed for the recording of Prosecution evidence on March 9. The court said that Tej Pratap Yadav does not need to appear physically unless there is an order for physical appearance. He can appear through video conferencing.

Court's Observations on Conspiracy

On January 9, the Rouse Avenue court directed the framing of charges against former Railway Minister Lalu Prasad Yadav, Rabri Devi, Tejaswi Yadav, Tej Pratap Yadav, Misa Bharti and other Accused persons in the land for job scam Case. While directing framing of charges in the Land for Job corruption case, the special CBI court had said that prima facie there was a Conspiracy mentored by Lalu Prasad Yadav to use government jobs as mean for getting immovable property through his family members from willing job seekers. The court had said, " Lalu Prasad Yadav and family acted as a syndicate."

The court had discharged 52 accused persons, including CPOs and Railway officers. 5 Accused died during proceedings. The CBI had charge-sheeted 103 Accused persons. The court had directed to frame charges for conspiracy, Cheating and provision of prevention of Corruption Act. While framing charges, the court had said that it found on the touchstone of suspicion that there existed an overarching conspiracy on the part of Lalu and Family. "Chargesheet strongly depicts the acquisition of the land in lieu of job," the Special Judge had said.

Defense Arguments

The CBI had charge-sheeted 103 persons as accused. However, 5 have died during the proceedings. CBI had filed charge sheets against former Railway Minister Lalu Prasad Yadav, Rabri Devi, Misa Bharti, Tejaswi Prasad Yadav, Hema Yadav, Tej Pratap Yadav and other accused persons. On September 11, the court had reserved its order on framing of charges. It is alleged that jobs in the railways were given instead of land. Special Public Prosecutor (SPP) D P Singh had submitted that there is sufficient material to frame charges against the accused persons.

During arguements Former Railway Lalu Prasad Yadav's senior counsel Maninder Singh had argued that Land for job is a politically motivated case. There is no evidence to show that jobs were given to candidates in lieu of land. There are sale deeds which show that lands were purchased for Money. Senior advocate Maninder Singh had submitted that there was no violation of any rule for appointment and there were no jobs given for land. It was also argued that there was no recommendation by Former Railway Minister Lalu Prasad Yadav for any candidate. No General Manager has stated that he ever met Lalu Prasad Yadav. The senior counsel had further argued that no case of corruption was made out as he had not made any recommendations for any candidate. Merely calling him a kingpin is not sufficient. There is no evidence against him. It was also argued thatthere was no evidence to show that any land was taken for free. The land was purchased.

Earlier during arguements on behalf of Rabri Devi, it was submitted that Rabri Devi purchased land and paid money for it. Buying land for money is not a crime. No favour was given to any accused candidate. These transactions are not connected. Senior advocate had submitted that the CBI had to show that there was corruption. The land sold was purchased for a consideration. He had further submitted that all the due processes were followed by the applicants. Where is the corrupt practice? These acts are independent. No acts of athe ccused persons are connected, he added.

Charges Framed Against Lalu and Family

Special Judge had directed to frame common charges for the offences of criminal conspiracy with cheating and corruption against accused persons, including Lalu Prasad Yadav, Rabri Devi, Misa Bharti, Hema Yadav, Tejaswi Prasad Yadav, Tej Pratap Yadav, Bhola Yadav, R K Mahajan and Prem Chand Gupta. Additionally, the court had directed to frame charges of corruption against Lalu Prasad and public servants.

"The court finds, on the touch stone of grave suspicion, that there existed an over arching criminal conspiracy, mentored by Mr Lalu Prasad Yadav, towards using public employment as a bargaining chip for receiving immovable properties through his wife Rabri Devi, daughters Misha Bharti and Hema Yadav as well as sons Tejashwi Prasad Yadav and Tej Pratap Yadav from willing job seekers," the court said in the order of framing of charges.

CBI Investigation and Chargesheets

The Central Bureau of Investigation had registered a case on May 18, 2022. After the investigation, it filed 2 charge sheets and 2 supplementary charge sheets at different times. It was alleged that the Group D jobs of the railway were given in lieu of Land parcels. The court noted that the chargesheets strongly indicate that the close associates of Mr Lalu Prasad Yadav, namely Bhola Yadav, R.K.Mahajan and P.C.Gupta probably facilitated, as co-conspirators, the acquisition of these lands instead of jobs provided to the nominees of Lalu Prasad Yadav, with the Railways in Group D posts across various Railway zones in India. Several accused substitutes apparently used false documents to secure these appointments, the court had added.

" There are strong indications from the chargesheets that Lalu Prasad Yadav and the accused members of his family were operating as a criminal enterprise designed to usurp private lands by bartering away government posts," Special Judge Gogne had observed. While framing charges, the court also referred to the alleged abuse of official position by the senior government officials. "Several accused General Managers of the Indian Railways emerge prima facie as having made these appointments by abuse of their discretion to engage Group D substitutes in the Railways," the court had said, adding that Appropriate articles of charge are liable to be framed against the above persons.

Several Accused Discharged

The special court has discharged 52 accused persons, including all Chief Personnel Officers (CPO). "However, the accused Chief Personnel Officers neither possessed the discretion to appoint substitutes nor were they under the influence of the Minister of Railways, the court said. "All accused Chief Personnel Officers are liable to be discharged," the court ordered.

The court had. observed that the description of the present chargesheet as involving allegations of 'land for jobs' does constitute the centrality and core of the criminality ascribed to substitutes who parted with land to secure appointments. The absence of land as a de facto bribe for the appointment of several accused substitutes does remove these accused from the zone of grave suspicion. Such accused substitutes and the railway officials allegedly instrumental in these appointments are liable to be discharged, the court said. (ANI)