Fodder scam sentencing: ED can identify, confiscate proceeds of crime, says court

A SPECIAL court in Ranchi that sentenced Rashtriya Janata Dal (RJD) supremo Lalu Prasad and 74 other convicts in the Doranda treasury fodder scam case on Monday, also directed the Central Bureau of Investigation (CBI) to hand over all the documents to Enforcement Directorate (ED) as the assets bought from the proceeds of the crime ‘could not be identified’ and remain a ‘subject matter’ of investigation under the PMLA.
In his judgment, special judge SK Shashi said that within the confines of the law, the ED may confiscate such assets, and launch an investigation.
The judge invoked Edward Snowden – a computer intelligence consultant who worked for the National Security Agency (NSA) and exposed a surveillance programme in the US – in its order, saying: “The opinion of this court in respect of the present accused person (Lalu Prasad) can be summarised in the words of Snowden…‘there can be no faith in government if our highest offices are excused from scrutiny; they should be setting the example of transparency’.”
The court quoted Mahatma Gandhi’s famous words: “Earth provides enough to satisfy every man’s needs but not every man’s greed”. The court also mentioned Albert Einstein while bringing in the guilt of Lalu Prasad: “The world will not be destroyed those who do evil, but those who watch them without doing anything.”

The special court sentenced Lalu Prasad to five-year jail pertaining to the illegal withdrawal of Rs 139.35 crore from Doranda treasury in 1995-96, besides slapping a fine of Rs 60 lakh on the former Bihar Chief Miner.
On the matter, the court said: “… I find that the properties/assets created from the proceeds of the crime the convicts and (now) dead accused persons in this case could not be identified. It may be a subject matter of investigation under the PMLA, 2002. The ED, if wishes so, and if law permits, may proceed for identification and confiscation of such properties/assets created convicts or now dead accused persons the ill-gotten money. Thus, the prosecution (CBI) is directed to provide a copy of this judgement, FIR and charge sheet etc. of this case to the Enforcement Directorate for taking necessary action on their part.”