A Bench headed by Chief Justice K G Balakrishnan was informed by the advocates appearing in the matter that the High Court has posted its hearing for January 23.
NEW DELHI: The Supreme Court on Friday deferred for four weeks the hearing on a petition filed by Railway Minister Lalu Prasad Yadav and his wife Rabri Devi questioning Bihar Government's decision to file an appeal in the Patna High Court against their acquittal in a disproportionate assets case.
A Bench headed by Chief Justice K G Balakrishnan was informed by the advocates appearing in the matter that the High Court has posted its hearing for January 23.
The apex court on November 12 last had preferred to to wait and watch till the High Court decides the issue of admitting the state government's appeal against their acquittal in the case, an off-shoot of fodder scam.
It the last hearing, the apex court noted that the High Court has only gone into the issue of maintainability of the petition filed by the state government and was yet to decide whether it could be admitted or not.
The court had observed that only if the appeal was admitted Prasad and his wife could challenge it.
Besides the former Bihar chief minister and his wife, the CBI has also questioned the locus standi of the state government for filing an appeal in the case in which the investigating agency was the prosecutor.
The Bihar Government had moved the High Court against the trial court verdict after finding that the CBI was not challenging the acquittal of Prasad and his wife in the case.
Questioning the move of Bihar government, the CBI, in its petition, maintained that the Nitish Kumar Government has no locus standi to file an appeal as the case was investigated by it and the state government cannot act contrary to the executive decision of the Centre.
Lalu Yadav and his wife have also taken a similar stand.
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