Amit Shah knows CBI chargesheets not always foolproof

A CBI court framed charges in the IRCTC contract-for-land case against former Union railway minister Lalu Prasad Yadav, his wife Rabri Devi and son Tejashwi Yadav on Monday, 13 October.

The case dates back to the period between 2004 and 2009, when Lalu Prasad was the minister, now standing accused of divesting control over two railway hotels in Ranchi and Puri, both known for over five decades as BNR (Bengal-Nagpur Railway) Hotels. The management of the two was handed over to a private firm run by Vijay and Vinay Kochhar, Punjabi businessmen who operated the Chanakya Hotel in Patna.

The case was handed over to the CBI for investigation after the BJP took control of the Union government in 2014. A chargesheet was finally filed earlier this year after eight years of investigation, with the former railway minister accused of overruling objections and rules to favour the private company. He apparently did so for a consideration and a ‘prime plot’ of three acres on the outskirts of Patna was apparently sold to the minister's family members at a throwaway price.

The premier investigating agency has been on the job for almost 10 years, interrogating the former minister, his wife and son on several occasions in the past several years.

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The family always denied the charges, as it did again before a court on Monday, and described them as politically motivated. The law, as they say, will now take its course and the truth emerge. If convicted, the accused will no doubt move in appeal to higher courts. If the investigation took 8-10 years, the trial might take as many, if not more.

What is curious about the case to a layman, with no access to CBI records or the chargesheet at this point, is that the BJP-led NDA government, which revels in handing over public and state property to private businessmen, is accusing Lalu Yadav of handing over two railway hotels, then run by IRCTC, to the private sector.

The two BNR hotels were indeed heritage properties, built in pre-independence days and famed for their old-world charm, where the elite converged to savour continental cuisine, especially caramel pudding, served by liveried waiters and stewards. Both hotels have gone through a makeover and retain loyal guests. How is it different from handing over airports and ports to a private business group from Gujarat?

What is more, CBI chargesheets are not always the last word. Wasn’t Union home minister Amit Shah also charged by the CBI in the Sohrabuddin Shaikh fake encounter case? Even as a CBI court was hearing the case in Mumbai in 2014, the BJP stormed to power and the rest, as they say, is history.

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A certain CBI special judge, B.H. Loya, exasperated by Shah repeatedly refusing to appear in court, warned his lawyer that the accused must appear at the next hearing. Failure to do so would have led to warrants of arrest being issued by the court.

Days later, judge Loya was persuaded to attend a wedding in Nagpur and passed away the same night. One need not go into details, but what is worth noting is that within about a month of his death, his successor dismissed the CBI case against Shah and other accused. Shah never appeared in court, and the CBI wisely never appealed the dismissal.

Yet, the excitement in the media on Monday was such that the beginning of a trial against Lalu Prasad and his family was made to look like Judgment Day. News agencies and reporters approached BJP and Opposition leaders in a frenzy, excitedly asking if the court’s ‘decision’ would affect the Bihar election results. News analysts gravely discussed the gravity of the charges while NDA leaders gloated at the ‘corruption’ of the Yadav clan.

Public memory is indeed short. But the media is expected to have a slightly longer one. A CBI chargesheet is not always fool-proof, the home minister would have told them if he was asked. He knows.