Tejashwi Yadav To Appear Before CBI In Delhi On March 25, Central Agency Tells Delhi High Court Arrest Not On Cards

The Central Bureau of Investigation on Thursday told the Delhi High Court that it will not arrest the Bihar Deputy Chief Minister Tejashwi Prasad Yadav if he appears before the agency in Delhi this month on any Saturday.

The submission was made before the bench of Justice Dinesh Kumar Sharma in response to Yadav's petition challenging the summons issued to him by CBI asking him to appear at its headquarter in Delhi for questioning in the alleged land for jobs scam case.

The court in the order recorded CBI counsel's submission that he may appear on any Saturday before April 05 in March and the "CBI is not contemplating to effect his arrest in this month". Yadav's counsel said he will appear before IO at CBI headquarters on March 25 at 10:30 am.

The senior counsel representing Yadav earlier submitted that he is a Deputy Chief Minister with four portfolios. "They are calling me here. I am writing to them that my budget session is going on and you come to Patna or join me through VC. I come to Delhi for one day. In 11 days, three summons are served on me. My wife is pregnant. Because of the raid of ED, her condition worsened and we had to admit her to hospital," he said.

The court was told the budget session will continue till April 05. Yadav's counsel said he is ready to appear through VC.

Advocate DP Singh, representing the CBI, said that Yadav can come to CBI headquarters on any Saturday. Singh also submitted that when Yadav was in Delhi, there was no session but he still chose not to join investigation.

"Let him choose his Saturday. Saturday there is no session. There is an investigation where people have to be confronted and documents have to be shown. Our chargesheet is ready and we have to file before this month ends," Singh said, adding VC will not serve the purpose.

When the counsel representing Yadav said that the CBI is planning to arrest him, Singh said, "right now there is no [plan] to arrest him. I can assure he will not be arrested". 

Senior Advocate Maninder Singh and Advocates Varun Jain, Navin Kumar and Akhilesh Singh Rawat appeared for Yadav.

Yadav in his petition submitted that the impugned notices have been issued in gross violation of the CrPC provisions. He said that the notice under section 160 of the Code can only be issued to a person who is situated within local jurisdiction of the police station or is within the adjoining police station.

“…whereas in the present matter the Petitioner being resident of Patna, Bihar is required to join investigation at New Delhi, which is neither within the Jurisdiction of Patna nor adjoining to the same,” the plea said.

CBI had filed a chargesheet in the case on October 10, 2022 against 16 persons. Former Bihar Chief Minister and Rashtriya Janata Dal (RJD) Chief Lalu Prasad Yadav, his wife Rabri Devi, daughter Misa Bharti and other individuals are accused in the matter.

It is the case of the probe agency that various residents of Bihar were appointed as substitutes in “Group-D posts” during 2004 to 2009 in different zones of Railways located at Mumbai, Jabalpur, Kolkata, Jaipur and Hajipur.

It has been alleged that in lieu of the same, the individuals themselves or their families transferred their land in the name of then then union minister of Railways Lalu Prasad Yadav’s family members and a company namely M/s AK Infosystems Private Limited, which was subsequently taken over by his family members.

CBI has also alleged that no advertisement or any public notice was issued for appointment of substitutes in Zonal Railways and that undue haste was shown in processing their applications.

Yesterday, a trial court granted bail to Lalu Prasad Yadav, his wife and their daughter subject to furnishing of a personal bond of Rs 50,000 and one surety of like amount each.

Title: Shri Tejashwi Prasad Yadav v. Central Bureau of Investigation

Citation: 2023 LiveLaw (Del) 240