The apex court had earlier ruled that the state government cannot challenge an order passed by a court when the case has been investigated by the CBI.
Raman Singh government, while challenging the acquittal of Amit Jogi, son of former Chhattisgarh chief minister Ajit Jogi in the 2003 Awatar Singh Jaggi murder case, had contended that the judgement in the Lalu-Rabri corruption case was contrary to the criminal justice system under which the primary authority relating administration of justice vested in the state government.
The petition further stated that the Delhi Special Police Establishment Act under which the CBI functions, a limited federal jurisdiction in investigation has been made out.
The provision, however, does not oust the competence of the state government to supervise the role of investigating agencies in administering the criminal justice system, including prosecution for violation of IPC and therefore, cannot be denied the power to file an appeal.
Former Bihar chief ministers Lalu Prasad and Rabri Yadav were acquitted of corruption charges in April 2010, when CBI refused to file an appeal against the acquittal and the apex court dismissed the appeal filed by the state of Bihar on the grounds that only CBI was competent to challenge the acquittal.
Source:UNI
