Patna high court admits Bihar government’s plea against Lalu, Rabri

Lalu’s lawyer Ram Jethmalani, while arguing on behalf of the couple, had on January 28 described the Bihargovernment’s appeal as having arisen“unquestionably out of political vendetta.”

Surendra Singh, senior Supreme Court lawyer and state counsel had, however, countered the charge, saying the trial court had not relied on evidences produced by the CBI in support of the DA case against the duo. He went on to say that the CBI court seems to have been influenced by the income tax appellate tribunal’s order exonerating the couple of the charge of amassing assets disproportionate to their known sources of income.

It needs to be mentioned that the Supreme Court had not given any relief to the couple saying it could hear the Special Leave Petition only after the state government's appeal was admitted.

Today’s ruling means that the Patna High Court will now be retrying the case against the couple.

The greatest strength of the court is how people react to it, said the Chief Justice of the US supreme Court. The CBI Court of Justice Paswan failed that test. The masses, at least, the ones that knew about the Laloo-Rabari disproportionate asset case, disbelieved the verdict and cried foul. Evidently, it was the blatant disregard of evidence as well as facts. To quote Albert Camus, the novelist, "Justice of this kind is obviously no less shocking than the crime itself." On the other hand, the appeal of the State government of Bihar though rightful was viewed as politically motivated. They have been vindicated since the Court has agreed to retry the duo.

The contention of the State government is that Paswan Court disregarded the evidence, and did not rely on facts before it rendered its decision. How to bring out the anomalies of Paswan Court before the High court would be challenging for the prosecutor but if the appeal was based on facts and not on frivolous arguments, the State government should prevail. On the contrary, should they fail to prove their case, the stardom of Mr. Laloo Prasad Yadaw would remain intact.

The new trial would be vexing and humiliating for Mr.and Mrs. Yadaw but if they were victorious, they would be remembered as lion-headed people. Let us face it, the nature of the case is not simple. It has been transmuted into the battle to seek the truth. Who prevails depends on how the Court views the arguments of respective lawyers but there is no doubt that the verdict of the High court will be precedent setting for all times to come. .