Chandigarh: The CBI on Saturday strongly opposed
permanent personal exemption sought by former Punjab and
Haryana High Court judge Nirmal Yadav in the cash-at-judge's
door case, asserting she cannot be placed on a pedestal higher
than any other accused.
"I speak with pain and anguish that a person in her
position should be moving such applications repeatedly as if
appearance in the court is some kind of monstrous thing,"
Anupam Gupta, Special Public Prosecutor of the CBI, told the
Court of Special CBI Judge Ritu Tagore, where the case is
being heard.
While other accused in the case were present, Justice
Yadav has appeared in the case only once and was not present
today as she had sought exemption on medical grounds as she
suffers from "lumbosacral spondilitis (back problem) and
other ailments.
Filing its reply on Yadav's plea seeking exemption from
personal appearance during pendency of the trial, Gupta
submitted that the plea is "wholly and manifestly misconceived
and unwarranted".
"Whether factually or legally, there is not a shred of
justification for acceding to (Justice Yadav's) application.
She cannot be granted any privilege or exemption merely
because she is a former High Court judge. She cannot be placed
on a pedestal higher than any of the other accused and has to
be treated like all other accused persons in strict conformity
with constitutional principle of equality before the law,"
Gupta submitted.
Yadav's counsel, SK Garg Narwana, also moved another
application before the CBI Court today seeking her exemption
from appearance for today on medical grounds.
The judge, while granting her exemption for today,
adjourned the case till November 18, the day when Justice
Yadav has been directed to remain present when the arguments
on her plea for permanent exemption will be heard.
The CBI in its reply filed today also opposed Yadav's
plea from permanent exemption on the grounds that she was
suffering from hypertension and being a diabetic.
"The pleas that the applicant has crossed the age of 62
years or that she is a lady and a former Judge of the High
Court or that she is a resident of Gurgaon are also equally
immaterial and untenable for the purpose of claiming personal
exemption," the CBI maintained.
PTI
First Published: Saturday, October 22, 2011, 15:24