Blow to Bihar Opposition as HC gives relief to Nitish Kumar

PATNA: In a setback to the Opposition, which sought resignation of the Nitish Kumar government, the Patna high court on Friday put in abeyance its order favouring a CBI probe into alleged misappropriation of development funds worth Rs 11,412 crore.

The court found merit in the interlocutory application filed by the state, seeking stay or modification in the CBI probe order. Senior Supreme Court lawyer L Nageshwar Rao argued on behalf of the state government that any probe by any outside agency involving a CAG report would not be judicious till it was scrutinised by the Public Account Committee of the assembly. “The matter was being looked into by PAC and hence any inquiry into the findings of the CAG report would amount to breach of privilege of the House“ Mr Rao argued.

The government sought modification or stay in the order of the division bench that ordered a CBI probe into the pending detailed contingent bills aggregating Rs 11412 crore for 2002-2008.

Advocate-general P K Sahi told the court in course of the hearing that DC bills amounting to Rs 5500 crore had been reconciled.

For nearly a week, the opposition ranks, prompted by the high court order, were going for the kill. It was the first time that they could mount pressure on Nitish Kumar, something which they could not do in the last four-and-half years of the NDA government in the absence of any major issue.

But the opposition, mainly RJD-LJP combine, wilfully latched to the order for a CBI probe and played it out as a major scam of the Nitish government.

One of the agitated opposition members even hurled slippers at the Speaker in the state assembly, while another made a bid to target the chairman of the Vidhan Parishad. A lady Congress MLC in a hysterical show of protest went on a flower-pot breaking spree.

But with the high court putting in abeyance its order on Friday, the opposition was not sure how to continue with their bid to nail the Nitish government.

“I have my faith and respect for judiciary. But the message has already been conveyed to the people who will now have to take a call during elections,” RJD chief Lalu Prasad remarked.

A division bench of the Patna high court, comprising chief justice Rekha M Doshit and judge S K Katriar had favoured a CBI probe on a PIL by advocate Arvind Kumar who had pointed to gross financial irregularities in withdrawal of Rs 11,412 crore fund — meant for the different development schemes — from the state treasuries between 2002 to 2008. Mr Kumar had also cited the CAG report which he said had highlighted irregularities in the withdrawal.