The Supreme Court today sought a response from Amit Jogi, son of former Chattistgarh Chief Minster Ajit Jogi, on a question of law as to whether a state government can file an appeal in a matter that is prosecuted by CBI.
A bench of justices Altamas Kabir and S S Nijjar issued the notice to Amit Jogi on an appeal filed by Chhattisgarh government challenging the acquittal of Amit Jogi in a murder case.
"We are examining the question of law in this petition," the bench said while issuing the notice.
Counsel L Nageshwar Rao, appearing for the state, sought to assail an earlier judgment of the apex court that the states or other prosecuting agencies have no right of appeal in a matter investigated by CBI.
The judgment was passed by the apex court in a matter of alleged disproportionate assets case of former Bihar Chief Minister Lalu Prasad.
The Chhattisgarh government contended the judgment in Yadav's case was erroneous and, hence, should be reviewed by the apex court as otherwise CBI would have unbridled power of resorting to adopt 'pick-and-choose strategy' in dealing with political opponents.
The state was aggrieved that the Chhattisgarh High Court had refused to allow it to file the appeal against Jogi's acquittal.
The high court had in its August 18, 2011, dismissed the state's plea against the acquittal of Amit Jogi on the ground that only CBI, being a prosecuting agency, has the right to file the appeal.
Amit Jogi was accused of the murder of NCP leader Ram Avtar Jaggi who was shot dead on June 4, 2003. Five persons were arrested in connection with the case and a chargesheet was filed against them holding that the motive of the murder was robbery.
The case was handed over to the CBI in January 2004 and the agency filed a charge sheet against 31 persons stating that Jaggi was shot dead by accused Chiman Singh for political reasons as a rally, being organised by him in Raipur on June 10, 2003, posed a political threat to the then Chief Minister Ajit Jogi and his son Amit.
The CBI had alleged the murder was committed after a criminal conspiracy between Amit Jogi and others.
The trial court had on May 31, 2007, acquitted Amit Jogi and convicted all other 28 accused persons.
State of Chattisgarh said the acquittal of Amit Jogi was challenged by it before the high court and in a separate appeal, "the CBI filed appeal after a delay of more than three-and-a-half years".