NEW DELHI: In a setback to Lalu Prasad, the Supreme Court on Monday refused to quash FIR against him in the land-for-jobs case but granted him exemption from appearance before the trial court and also allowed him to raise the issue of requirement of sanction during the trial. “We do not say anything about the issue pertaining to the application of Section 17A (of the Prevention of Corruption Act) on whether it is prospective or retrospective. Taking into consideration the facts and the circumstances, liberty is granted to the petitioner to raise the legal issue at the time of the trial,” a bench of Justices MM Sundresh and N Kotiswar Singh said. Opposing Lalu’s plea, additional solicitor general SV Raju, appearing for CBI submitted that the Section 17A would be invoked only if the accused was a decision-making authority. He said prior approval against him under Section 17A was not required as he was neither the person who took the decision nor the recommending authority. Section 17A of the Prevention of Corruption Act provides that no inquiry or investigation shall be conducted by a police officer into any offense alleged to have been committed by a public servant under the law without prior approval from the appropriate authority. Senior advocate Kapil Sibal, appearing for Lalu, said that there cannot be any investigation until the authorities get the sanction. “At least a final order may not be passed. Other matters are pending on the same issue and we don’t get any relief. This is not fair,” he said when the bench declined the relief. On March 24, Delhi HC refused to quash a CBI FIR in the case involving Lalu.
