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The recent Supreme Court (SC) judgment empowering itself and the high courts (HCs) to order CBI probes in cases of larger public interest or where fundamental rights of people have been violated, is at test.

It will be interesting to note what SC decides in appeals filed by RJD chief Lalu Prasad and wife Rabri Devi, both former Bihar CMs, challenging the Patna HC directive that CBI appeal against the tax tribunal’s order absolving the two in the disproportionate assets case.

It was at the instance of the Nitish Kumar government, a political foe of RJD, that HC intervened.

Lalu, who seems to have lost the love of the UPA government over the women’s reservation bill, is already saddled with a number of criminal cases in the fodder scam dating back to the 15-year tenure of the RJD government in Bihar.

The counsel for the couple and CBI chanted the same mantra eulogising the supremacy of the Centre over the state in directing a CBI probe. They said the state couldn’t jump into the fray all of a sudden bringing in motion a disinterested central agency. HC erred in appreciating the state’s petition and passed an erroneous judgment exceeding its powers were their other contentions.

The Kumar government, however, asserted that neither the state nor the investigating agency should be a silent spectator to the denudation of the exchequer by the accused who had been guardians of people’s faith.

If these contentions are judged against the backdrop of the apex court’s crucial judgment, it wouldn’t be difficult to assess the outcome in the Lalu-Rabri appeals.

“Being the protector of civil liberties, this court and HCs have not only the power and jurisdiction but also an obligation to protect the fundamental rights guaranteed under Article 21 of the Constitution overzealously and vigorously,” SC had ruled.

The ambit and width of Article 21 are enormous and by interpretation, the allegation of looting the exchequer does fall under its hammer and is thus liable to be settled for good.
Caesar's wife must be above suspicion.