By Avinash Singh
Published on: February 16, 2024 at 11:30 IST
An fraudulent technique or activity that is done to gain money or some other valuable things by defrauding him is termed as scam. The saga of scam is not new in India, there are several scams occurred throughout country by the various politically and economically influenced people just for making money for their own benefit. Not only politician or businessman are engaging in scam but also the layman helping them to complete their goal of scam by giving some amount of consideration in the form of money or any other thing, like in this case land. According to Prevention of Corruption Act 1988, the person who is taking or giving the bribe, both are equally liable for corruption.
Unemployment is very major issue in India, sometime the persons by taking advantages of this issue offers the aspirants to give job in return of some consideration, and aspirants do so, this illegal giving and taking of consideration for job is termed as job scam.
This job scam is collecting the headings of newspaper because of the allegation framed upon the founder of Rashtriya Janta Dal (RJD), former chief minister of Bihar and formal Railway minister in union Lalu Prashad Yadav and their family members. The allegations are that they were indulge in land for job scam during the tenure when Lalu Yadav was the railway minister from 2005-2009.
The allegations for scams are not new for Lalu Yadav, he was earlier convicted in other scams and sentenced for imprisonment.
In this particular article the author is going to describe that what is land for job scam, what are the allegations on Lalu Yadav and on other persons, pervious allegations on Lalu Yadav, findings of investigating agency and some provisions which penalize such scams.
What is land for job scam
The Land for Job Scam, also known as the Fodder Scam 2.0, is an alleged corruption case involving Lalu Prasad Yadav. The case pertains to the period when Yadav was the Railway Minister in the United Progressive Alliance government from 2004 to 2009. It is alleged that in exchange for jobs in the Indian Railways, land was transferred to Yadav’s family members and associates.
According to Central Bureau of Investigation (CBI), Lalu Prashad Yadav as the Railway minister during the period of 2005-2009, had obtained the pecuniary advantages in form of landed property in the names of their family members and in the name of companies which was owned by their family members by giving the appointment of substitutes in Group D post in different zones of railways in India. The aspirants of such jobs were influenced for giving bribes in the form of land. Some aspirants by himself or their family members transferred the property in the name of Rabri Devi, Misa Bharti and other relatives of Lalu Yadav.
There was no any advertisement or public notice given to public at large for the recruitment of the substitutes in Group D post at zonal railway. However family who transferred land to Lalu Yadav’s family were appointed in different zones in Indian railway.
Findings of CBI and ED
The preliminary enquiry conducted by CBI in September 2021 to investigate the matter, by following the guidelines given by the Supreme Court in the case of Lalita Kumari Vs state of UP, 2012, after finding sufficient evidence filed the FIR under Section 120-B of IPC, which deals with criminal conspiracy, and under the provisions of Prevention of Corruption Act. The CBI registered a case against Lalu Yadav, Rabri Devi and daughter Misa Bharti and Hema Yadav, in addition to 12 people who were got jobs in Railway zons of Mumbai, Jabalpur, Kolkata, Jaipur in 2008-09.
In 2022 the central agency raids at different places including an mall in Gurugram built by a firm owned by Tejashwi Yadav. The CBI had recovered more than 200 sale deeds during raids at different places. In investigation the ED has found that many pieces of land at prominent places in Patna and other areas were illegally acquired by family members of Lalu Yadav in lieu of jobs provided in Railway, and the current market value of these land is more than 200 crore.
In the investigation the CBI found seven instances where jobs were allegedly given to candidates when their family members transferred lands to Lalu Yadav’s family, and those instances also mentioned under charge-sheet submitted in Court. The instances are as fallows:
- The CBI found that, a Patna resident Kishun Deo Rai transferred his 3,375 square feet of land to Rabri Devi just for Rs. 3.75 lakh. In the same year that is 2008, his 3 family member were appointed in the Group D post in Central Railway.
- Sanjay Rai sold his property to Rabri Devi at minimal cost and he and his 2 other family members get appointed.
- Kiran Devi sold her property to the Lalu Yadav’s daughter Misa Bharti, later her son Abhishek was appointed.
- Hazari Rai sold his land to a Delhi based company, later his 2 nephews appointed in Railway jobs. And CBI found that all the shares and assets of that company were transferred to daughter and wife of Lalu Yadav.
- Lal Babu Rai’s son got the job after transferring property of 1,360 square feet of land at Rs. 1,360 lakh to Rabri Devi.
- Brij Narayan Rai transferred his land to Hridyanand Choudhary on sale. Hridyanand Choudhary was appointed in central Railway. Later Hridyanand through gift deed, transferred that land to Lalu Yadav’s daughter Hema Yadav.
- Vishnu Dev Rai transferred his 3,375 square feet of land to Siwan resident, Lalan Choudhary, Lalan’s grandson was appointed at Western Railway. Later Lalan transferred that property to Hema Yadav.
The CBI has alleged that from above instances that, they were non deserving candidates who were given jobs in Indian Railway. Out of 7 instances 5 were executed as sale deed and 2 were executed by gift deed. The total value to all land parcels is about 4.39 crore.
Courts view
As per the charge-sheet of the case field by CBI in October 2022, the CBI claimed that there is irregularity in the appointments of the person in Railway. The mode appointment violets the guidelines and procedure of the Indian Railway for recruitment. Taking cognigence of charge-sheet field by the CBI, the Avenue Court in delhi issued summons to and his wife and 14 others to appear before court. The presiding Judge of Avenue Court Geetanjali Goel had noted that, the charge-sheet and documents and material on record prime facie shows commission of offences under:
- Section 120B (criminal conspiracy) of the IPC
- Section 420 (cheating) of the IPC
- Section 467 (forgery of valuable security etc.) of the IPC
- Section 471 (using forged document as genuine) of the IPC
- Section 7 (offence relating to public servant for bribed) of Prevention of Corruption Act
- Section 11 (public servant obtaining undue advantage) of Prevention of Corruption Act
In case of M. Karunanidhi Vs Union of India, 1979 the Supreme Court held that Chief Minister is a public servant.
The court granted bail to Lalu Yadav, Rabri Devi and others by citing a Supreme Court judgement that, if an accused was nat arrested consciously by the prosecution or arrested and enlarged on bail, there is no need for further arrest.
In this particular case, when the charge-sheet has been field without arrest, there would be no need to arrest at instance of Court. The Court granted bail to 14 person including Lalu Yadav’s family with the security of Rs. 50,000.
By making the base of CBI case, the Enforcement Directorate (ED) is conducting money laundering case against Lalu Yadav and his family members.
Lalu Yadav’s other notable scams
Fodder scam: The fodder scam is also known as Chara Ghotala, this was one of the biggest corruption scandals in India, where the former chief minister of Bihar Lalu Yadav was involved. The scam came into limelight in 1990s and revolved around embezzlement of funds ment for the purchase of cattle fodder. The scam involved various fraudulent withdrawals from the state treasury by making false document related to the procurement of animal feed.
It was estimated that hundreds of crore rupees were taken off through this scam over several years. Lalu Yadav along with several other politicians and government officials were accused in this scam. In 2013 Lalu Yadav was convicted for 5 years of imprisonment.
IRCTC scam: Indian Railway Catering and Tourism Corporation scam was an scandal involving Lalu Yadav. The scam came into light in year 2001 and the allegations were that there is irregularities in awarding of contract for development of railway hotels to a private company, which was linked to Lalu Yadav’s family. It was allegation that Lalu Yadav misused his position and benefit his family members for financial gain for his family. The CBI after investigation filed charge-sheet against Lalu Yadav and others involved in the scam. In 2017 Lalu Yadav was convicted for 3 and a half year of imprisonment.
Conclusion
Land for job scam was just not a scam, it was fraud with country and also to those aspirants who were rightly entitled to given those jobs. The matter is subjudice before the court. It is very true that some politician using their political power for their own benefit and indulge in scams. To curtail the scams the legislature have to make more strengthen laws and apply it in more strengthen way. The people of country should be aware about those laws. People should use their fundamental right of ‘right to know’ under Article 19(1)(a) of the Constitution of India with Right to Information Act, 2005. If people found any corruption or scam then they should inform Lokpal or Lokayukta or other authorities, so that action can be taken against them.
References
- Explained: What is the Bihar land-for-job ‘scam’? – India News
- Land-for-job scam case: Delhi court grants bail to Lalu Prasad, Rabri Devi, Tejashwi Yadav
- Land for job scam: All you need to know about case against Lalu Prasad, Rabri Devi and daughters
- Indian Penal Code,1960
- Prevention of Corruption Act, 1988
- The Constitution of India, 1949
- https://indiankanoon.org