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CJI advice on Nirmal Yadav`s transfer confidential: LawMin

Last Updated: Sunday, March 28, 2010 - 18:03

New Delhi: Any information about Justice
Nirmal Yadav, the controversial Judge whose name cropped up in
`cash-at-judge`s door` case, appears to be confidential and
not to be made public.

A week after Supreme Court refused to disclose whether
CBI sought permission of Chief Justice of India to prosecute
Justice Yadav, the Law Ministry has now said it cannot make
public the advice tendered by CJI over the transfer of the
then Punjab and Haryana High Court Judge Nirmal Yadav to
Uttarakhand High Court.

The Ministry said the recommendation of Chief Justice
of India K G Balakrishnan to Law Minister Veerappa Moily on
the issue is "in the nature of advice tendered by the Cabinet"
which is exempted from disclosure under the RTI Act.

"As regards recommendation given by the Chief Justice
of India regarding transfer of Ms Justice Nirmal Yadav, it is
stated that such recommendation is in the nature of advice
tendered by the Cabinet and is exempted under Section 8 (1)(i)
of the RTI Act,2005," S K Srivastava, Deputy Secretary in Law
Ministry said in his reply to an RTI application.

Section 8(1)(i) of the RTI Act cited by Law Ministry
exempts "disclosure of cabinet papers including records of
deliberations of the Council of Ministers, Secretaries and
other officers" provided "the decisions of Council of
Ministers, the reasons thereof, and the material on the basis
of which the decisions were taken shall be made public after
the decision has been taken, and the matter is complete."

However, if the matter comes under the other exemption
clauses listed under the Act it will continue to remain

The Ministry said disclosure of the information will
also violate the "fiduciary relationship" which is also
exempted from disclosure under the RTI Act.

The accused, Kallu alias Balram, had allegedly snatched a
purse containing Rs 62 from a person outside a school under
MIG police station area in Indore last year and was handed
over to the police.

He was absolved of the charge of taking the money in the
final order issued by Agrawal on February 21 after being in
jail for around eight months.

He had hired an advocate free of cost with the help of
Madhya Pradesh Legal Aid Services Authority to fight his case.

Incidentally, the suspended judge had reportedly lodged a
complaint against his steno recommending for transfer and also
against a colleague judge, to his superiors a couple of days
before his suspension, sources close to Agrawal said.


First Published: Sunday, March 28, 2010 - 18:03

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