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New Delhi, November 24 (IANS) Former Bihar Chief Minister Rabri Devi has filed an application before the Principal District and Sessions Judge in the Rouse Avenue Court, seeking transfer of four cases from the court of Special Judge Vishal Gogane, accusing the judge of bias and lack of impartiality.
The transfer petition pertains to the IRCTC scam case, alleged cash-for-jobs case and related money laundering proceedings being conducted by the Enforcement Directorate (ED).
All four cases are currently being heard by Judge Gogne, who on October 13 had framed charges of criminal conspiracy, cheating and corruption against RJD supremo Lalu Prasad Yadav, Rabri Devi, Tejashwi Yadav and others in the IRCTC hotel scam case.
Rabri Devi’s application claims that the special judge is “unduly inclined” towards the prosecution and his conduct during the trial has created a “reasonable apprehension of bias” in her mind.
“The conduct of the LD Special Judge on various occasions during the proceedings in all the above mentioned cases appears to be unnecessarily inclined towards prosecution and bias, which can be seen from several instances of the case proceedings/orders,” the plea said.
“In the interest of justice, equity and fair play, the cases need to be transferred to another competent court,” the application said.
Further, it added that “the apprehension is not based on speculation or imagination, but on specific incidents that occurred during the proceedings of the cases pending before Special Judge Vishal Gogane.”
On Monday, senior advocate Maninder Singh, appearing for Rabri Devi, informed Judge Gogane that the transfer application has been filed and it is likely to be heard soon.
The move has been taken in the backdrop of several setbacks for the Yadav family.
In an order passed on October 13, Justice Gogne ordered framing of charges under sections 420 and 120B of the IPC and provisions of the Prevention of Corruption Act, paving the way for trial in the IRCTC hotel scam.
According to the CBI, the alleged scam took place between 2004 and 2009 when Lalu Prasad was the Union Railway Minister.
It is alleged that two IRCTC hotels were leased to a private company in violation of rules and in return the valuable land in Patna was allegedly transferred to Lalu Prasad’s family members and an anonymous company.
In various cash-for-jobs cases, the CBI has claimed that individuals seeking Group D posts in the Railways transferred their land to Lalu Prasad’s family or entities linked to him in exchange for employment.
The ED is also prosecuting the family under the Prevention of Money Laundering Act (PMLA) for allegedly diverting the proceeds of these transactions.
–IANS
PDS/PGH