PATNA, Aug 4: The Patna High Court today said it will take ``proper steps'' in the event of the transfer of Central Bureau of Investigation (CBI) Joint Director (East) U N Biswas, heading the agency team probing the fodder scam.

``We are competent to take proper steps, but will not go by hearsay or newspaper reports,'' the division bench comprising Justices S N Jha and S J Mukhopadhyay said while hearing two contempt petitions against top state officials for not cooperating with the agency in executing the arrest warrant against former Chief Minister Laloo Prasad Yadav.

The observation came when the petitioners' counsel charged that there was a move to transfer Biswas despite the directives of the Supreme Court and the High Court not to shift any CBI official involved in the probe without the prior permission of the monitoring bench.

The counsel said their apprehension about Biswas' transfer stemmed from the fact that the CBI director had sought an explanation from the agency officials in Patna about their reported move to seek the Army's assistance to arrest Laloo.

Leader of Opposition in the State Assembly Sushil Kumar Modi and senior Samata Party leader Brishen Patel had filed contempt petitions against the Chief Secretary, the Director-General of Police, the Patna District Magistrate, Senior Superintendent of Police and the city SP for not cooperating with the agency in arresting Laloo on July 29 after his anticipatory bail plea was rejected by the apex court.

The judges asked the petitioners' counsel not to use the court as a political platform, adding that the CBI will not be told to open ``its cards''.

Two senior officers, have meanwhile, left for Delhi following urgent summons from the Union Home Ministry. According to sources, the two officers will have to explain the reasons behind the non-cooperation of the State government with the CBI in arresting Laloo and what made the CBI seek the help of the Army.

Sources say that the preliminary report submitted to the Union Home Ministry does not mention the CBI officials' calling on the Chief Justice at 6 am at his residence.

Meanwhile, former chief minister and senior Congress leader Jagannath Mishra, an accused in fodder scam, today surrendered before the special CBI court and was released on bail after furnishing two securities of Rs 50,000 each.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.