For first time in 30 years, Lalu Prasad to miss Bihar polls

Source:-https://www.hindustantimes.com

For the first time in three decades, an assembly election in Bihar will almost certainly be fought without Lalu Prasad, former chief minister and Rashtriya Janata Dal (RJD) chief whose characteristic rustic campaigning style and charisma created a solid support base among rural and backward caste population.
The mercurial former Union minister is currently in jail in Ranchi on corruption charges. He was convicted in December 2017 in three separate fodder scam cases.

Prasad has secured bail in only one of the three cases and even by the most optimistic calculations by his lawyer – which include multiple high court decisions in their favour — Prasad can hope to walk out of jail only after November 10, the day votes are counted.

Elections are scheduled to be held in three phases, on October 28, November 3 and 7.

“The high court has set a precedent that either the convict of fodder scam convicts will be granted bail on completion of half sentence or on merit,” said advocate Sameer Saurav of the high court.
Last year, Prasad got bail in one of the cases after completing half of the 3.5 years jail term.

His second bail application is under consideration in the Jharkhand high court and the next date of hearing is October 9. His sentence in that particular case is five years, and half of that term is over this month.

But in the third case, the RJD chief is facing 14 years in prison – seven under Indian Penal Code (IPC) sections and another seven under Prevention of Corruption (PC) Act. The court expressly said both sentences would run consecutively.

Prasad’s lawyers hope that the high court will strike down this decision, and let the two sentences run simultaneously. If that happens, half that seven-year sentence would be completed by November 10.
Prasad’s lawyer Prabhat Kumar said, “The high court in matters of other convicts in the same case suspended the sentence and considered maximum seven years imprisonment for reckoning the half sentence for bail purposes. In such a situation, he is completing half custody on November 10.”

“We are expecting Prasad’s release from jail after November 10,” he added.

The lawyer said Prasad’s bail application in the third case will be filed in the second week of November – so it is impossible for the leader to be released from jail in time for campaigning.

RJD spokesperson Mritunjay Tiwari said, “Prasad’s popular saying–Jab tak Samosa mein rahega aalu, Bihar mein rahega Lalu–is still valid and true. He may be in Ranchi for some reason, but our workers and supporters are electrified. He lives in people’s heart.”
RJD and other political leaders have repeatedly visited Kelly’s bungalow–the official residence of Rajendra Institute of Medical Sciences (RIMS) director–where Prasad was temporarily shifted on August 5 due to Covid-19 threat.

The Bharatiya Janata Party alleged the Jharkhand government was providing undue favour to a prisoner.

“He is holding political darbar (meeting) there and people are meeting him even in night. He has virtually running RJD’s campaign from that bungalow, which lacked CCTVs. No body knows what happening there but we have videos to prove that people met him late till 11 pm in night. These are flagrant violation of jail manual,” said BJP’s state spokesperson Pratul Shahdeo.