With these observations, the Court disposed of Yadav’s plea seeking to quash the corruption case linked to railway appointments made between 2004 and 2009, when he served as Union Railway Minister.
Appearing for the prosecution, Additional Solicitor General SV Raju argued that Section 17A would apply only if the accused was the decision-making or recommending authority, contending that Yadav was neither and therefore prior sanction was not required.
However, the Bench expressed reservations over this argument, noting that even informal influence from a person at the top of the ministry could be relevant.
Senior Advocate Kapil Sibal, representing Yadav, argued that the High Court had rejected the quashing plea on the ground that Section 17A applies prospectively and is not applicable to alleged offences between 2004 and 2009. He maintained that the allegations were linked to Yadav’s official role and required prior sanction at the investigation stage.
The Court, however, declined to examine the merits of these arguments and left the issue to be decided during trial.
What Is Land-For-Jobs Case?
Monday’s order comes weeks after the Delhi High Court dismissed Lalu Prasad Yadav’s plea to quash the case, ruling that Section 17A—introduced in 2018—does not apply retrospectively to alleged offences between 2004 and 2009. The High Court also held that the provision’s protection was inapplicable as the alleged acts were not tied to any official decision or recommendation made in the discharge of his duties.
The case, being investigated by the Central Bureau of Investigation, pertains to alleged irregular railway appointments during Yadav’s tenure as Union Railway Minister. The agency claims Group-D jobs were offered in exchange for land parcels transferred to his family members or associates.
The CBI registered the case in May 2022 against Yadav and others, including members of his family. A trial court has since framed charges of corruption and criminal conspiracy, observing that public employment was allegedly used as a “bargaining chip” to acquire land.
On 9 January, a Delhi court framed charges against Yadav, his wife Rabri Devi, sons Tejashwi Yadav and Tej Pratap Yadav, and daughter Misa Bharti. The court remarked that Yadav had allegedly treated the railway ministry as a “personal fiefdom” to carry out a criminal enterprise.
It further noted that the chargesheet pointed to a wider conspiracy in which public sector jobs were allegedly leveraged to secure land in the names of his family members.
With the Supreme Court of India declining to intervene, the trial will now proceed, with Yadav expected to raise his legal objections at the appropriate stage before the trial court.
