The Patna High Court is set to hear the Bihar government’s plea to review the court’s decision for a Central Bureau of Investigation (CBI) probe into irregularities of Rs 11,412 crore in the state on Thursday. In a suit filed on Monday, the state government said the Comptroller and Auditor General
(CAG) report, which alleged financial irregularities in execution of several development schemes, was under consideration before the state legislature.
Hence, an inquiry by the CBI was not permitted by the constitution, it added.
After hearing a public suit on the issue last week, a division bench of Chief Justice RM Doshit and Justice SK Katariyar handed over the probe to CBI.
The court observed that this was necessary as the accused in the case included the chief minister, deputy chief minister, ministers and top officials.
Chief Minister Nitish Kumar and Deputy Chief Minister Sushil Kumar Modi are among the 47 people named in the complaint alleging irregularities of Rs 11,412 crore during 2002-08 in Bihar.
Bihar assembly speaker Uday Narain Choudhury on Wednesday termed the high court’s “interference” as unconstitutional and “the contempt of the house”.
He said no court or any other agency can examine the withdrawal of Rs 11,412 crore until and unless the Public Accounts Committee of the assembly, which is still scrutinising the CAG report, submits its report to the house.
The Bihar assembly witnessed violent clashes between ruling National Democratic Alliance (NDA) and opposition members in the last two days.
Sixty seven opposition legislators were suspended on Wednesday for unruly behaviour while demanding Nitish Kumar’s resignation over financial irregularities, prompting one of the members to throw a slipper at the speaker.
Petitioner Arvind Kumar pointed at financial irregularities in the use of development funds during 2002-08 in Bihar.
The court has fixed July 26 as next hearing date in the case.