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SC directs CBI to hand over Laloo's passport

August 07, 2003 11:12 IST
Last Updated: August 07, 2003 17:32 IST


The Supreme Court on Thursday ordered the Central Bureau of Investigation at Patna to give former Bihar chief minister Laloo Prasad Yadav his passport for renewal but sought an undertaking from him for smooth conduct of trial of fodder scam cases during his visit to Pakistan.

"Considering the urgency of the matter, we direct the CBI at Patna to handover Yadav's passport to his counsel for the purpose of its renewal," a bench, comprising Justice S N Variava, Justice P V Reddi and Justice Ashok Bhan, said.

The bench, however, said it would not permit him to go abroad till he furnished an undertaking, as required under law, assuring the Court that he would in no way cause any hindrance to the continuance of the trial of five fodder scam cases being tried at special courts at Patna and Ranchi.

The undertaking should state that his counsel would be present on all dates of trial proceedings, that the recording of evidence would go on in his absence, that he would not object to such recording of evidence and the content thereof in future on the ground that it was done during his absence.

Yadav's counsel B B Singh assured the court the required undertaking as per Section 317 of the Criminal Procedure Code would be filed before the Court today itself.

The passport had been deposited with the CBI as a condition of the bail granted by the Supreme Court to Yadav in two fodder scam cases.

The court repeatedly asked Yadav's counsel, "What is in the interest of justice that we should dispense with the presence of the former Bihar chief minister when the trial of the fodder scam cases is going on?"

Singh said that his client was ready to give an undertaking to the effect that the trial would continue in his absence and that he, in future, would not dispute the evidence recorded by courts during the period of his visit to Pakistan.

The apex court pointed out that such an undertaking should have accompanied the application seeking permission to go abroad but permitted Singh to file it during the course of the day so that the matter could be taken up tomorrow.

However, the bench made it clear: "We will not pass any order till an undertaking is given and we peruse it."

At this point, Singh said that the passport deposited with the CBI on the direction of the court has expired, while in the custody of the investigating agency and had to be renewed.

When he pleaded that a very short time was left for the scheduled departure of the delegation of parliamentarians and mediapersons to Pakistan, the court agreed for the release of the passport for its renewal.

Yadav is part of the delegation visiting Pakistan on an invitation from South Asian Free Media Association (SAFMA), which is organising a programme for exchange of ideas between people of the two countries in a bid to normalise relations between the two countries.


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