New Delhi: The Central Bureau of Investigation (CBI) is vehemently opposing the plea filed by former Bihar Chief Minister Rabri Devi, seeking the transfer of the IRCTC and land-for-jobs scam cases from the court of Special Judge Vishal Gogne. The CBI has argued that Devi's request is a tactic to delay justice, undermine the court's authority, and constitutes "forum-shopping".
The CBI's strong opposition was presented before a Delhi court, with Senior Advocate DP Singh representing the agency. Singh asserted that Devi's application casts unwarranted aspersions on the judiciary and attempts to browbeat the trial court. He emphasized that an accused cannot choose a forum or undermine a judicial officer simply because the proceedings are not going in their favor. The CBI contends that the transfer plea is a calculated move to stall the trial at a crucial stage.
Rabri Devi's plea seeks the transfer of four cases pending before Judge Gogne, including the IRCTC scam case, the alleged cash-for-jobs case, and related money laundering proceedings investigated by the Enforcement Directorate (ED). The cases stem from allegations that Lalu Prasad Yadav, during his tenure as Union Railway Minister, accepted land and shares as bribes for awarding contracts to a private firm. Additionally, the cash-for-jobs case alleges that residents of Bihar were granted jobs in exchange for transferring their land to Yadav and his family members.
In her plea, Rabri Devi alleges that Judge Gogne demonstrates bias and conducts the trials against her and her family with a "premeditated mind". She argues that the judge is "unduly inclined" toward the prosecution, and his conduct undermines the neutrality expected of a judge, creating a "reasonable likelihood of bias". Devi claims her concerns are based on specific incidents during the proceedings.
The CBI has refuted these claims, asserting that Judge Gogne has followed established procedures and consistent judicial practices. The agency argues that the judge's actions, such as seeking clarifications from the investigating agency, are legitimate judicial exercises necessary for clarity and conscience. The CBI also addressed Devi's argument that Judge Gogne pronounced the order on charges in both Hindi and English to attract undue public attention, stating that the judge was merely discharging his constitutional duty to explain the charges to the accused.
The CBI further argued that the inconvenience faced by an accused during trial cannot be grounds for seeking a transfer and that such pleas undermine the dignity of the court and obstruct justice. The agency has told the court, “You can't bulldoze a court, go forum shopping, or demean a judge,”. The CBI also pointed out that arguments on framing of charges are required to be concluded within 60 days according to the Bharatiya Nagarik Suraksha Sanhita (BNSS), whereas more than two years have already elapsed in the present case.
The court had previously issued a notice to the CBI regarding Rabri Devi's transfer plea. The court, however, refused to stay the ongoing trial proceedings in the case. The proceedings in the case are scheduled to resume on December 15.
