- (1.) THIS application is directed against the order dated 28.2.2000 passed by Special Judge, CBI, Patna in Special Case No.22 of 1996 whereby and whereunder prayer for discharge of the petitioner has been rejected.
(2.) THE facts leading to filing this application are that when it was detected that huge amount of money had been withdrawn from the Chaibasa Treasury on the basis of forged, fabricated and fake bills relating to supply of the medicines/materials to the Animal Husbandry Department, a case was instituted against the officials of the Animal Husbandry Department as well as Treasury and also against the suppliers. Subsequently investigation of the case was taken over by the CBI, who registered it as R.C.20(A) of 1996. In course of investigation, certain facts were collected which according to CBI, reveal that the petitioner was in league with some persons, who were involved in fraudulent withdrawal of huge amount of money from the Treasury and those facts, according to the CBI, are that the petitioner in league with Lalu Prasad, the then Chief Minister had given political patronage to the Scam stars which gets established from the fact that when Minister of Animal Husbandry Department, on one hand, ordered for CBI enquiry the Chief Secretary ordered for investigation by the Vigilance Department and when the petitioner came to know all about it, he, being the leader of the opposition, wrote a letter to the then Chief Minister not to go for enquiry as the Director on holding enquiry has found nothing wrong with the withdrawal of the amount and as such, the matter remained pending which could be moved only on the political intervention and that the petitioner by writing a letter had made recommendation for extension of the service of S.B.Sinha, who was kingpin of this scam and that the petitioner being the Chief Minister had entertained a letter whereby Lalu Prasad, the then leader of the opposition had made recommendation for promotion of Dr. Ram Raj Ram and that the petitioner was paid handsome amount by S.B.Sinha and others for protecting the persons, who were involved in this Scam. The CBI having found the hand of this petitioner in the alleged offence sought for sanction for prosecution which was granted by the then Governor on 17.6.1997 and thereupon charge sheet was submitted under section 120(B) read with sections 409, 420, 467, 471 and 477A of the Indian Penal Code and also section 13(1)(c)(d) read with section 13(2) of the Prevention of Corruption Act.
(3.) THEREAFTER when the cognizance of the offence was taken by the Special Judge, petition for discharge was filed on behalf of the petitioner wherein several grounds were taken including the ground that Governor is not the competent authority to grant sanction for prosecution of the petitioner, who at the relevant point of time was the member of the Rajya Sabha and that the Governor without any aid and advice of the Council of Ministers cannot take decision with respect to grant of sanction for prosecution. However, the learned trial court rejected the prayer for discharge after holding that there appears to be sufficient grounds for presuming that the petitioner has committed offence.;