The Law Ministry, after scrutinising the request of the CBI, opined that there were no grounds for filing a review petition as the trial court had weighed the evidence presented by the agency, sources in the Ministry said.
The CBI had moved the Law ministry seeking permission for filing of an appeal against Lalu and his wife after a designated court in Patna acquitted them on December 18, 2006 in the case, trial for which continued for 7 years.
As per the Delhi Special Police Establishment Act, which governs the CBI, it is mandatory for the agency to seek clearance from the Law Ministry before going in for an appeal against any judgement.
The opinion said the former chief ministers of Bihar had adequately explained their sources to the Income Tax tribunal and there was no need for going in for review.
Lalu Prasad and Rabri Devi were acquitted of all charges in a 7-year-old disproportionate assets case by Special CBI Judge Muni Lal Paswan.
Lalu was accused by the CBI of amassing property worth Rs 46 lakh above his known sources of income between 1990 and 1997 during his tenure as Bihar Chief Minister while his wife was charged with abetting him in the alleged crime.
The case was an offshoot of Bihar's fodder scam. Immediately after the judgement, the Bihar government had said that the state government would go for an appeal on its own if the CBI failed to do so.
