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Nirmal Yadav`s plea dismissed by High Court

Last Updated: Monday, November 14, 2011 - 15:45

Chandigarh: The Punjab and Haryana High Court
on Monday dismissed a petition of its former Judge Nirmal Yadav
challenging grant of sanction for her prosecution in the 2008
cash-at-judge`s door case.

Justice Permod Kohli rejected the petition filed by
Justice Yadav under Section 482 of CrPC, in which she had
sought quashing of the criminal proceedings against her.

Yadav`s counsel and senior advocate KTS Tulsi had
contended that once the then Chief Justice of India (CJI) K G
Balakrishnan had denied prosecution sanction, the present CJI
S H Kapadia had no power to review the decision and grant a
fresh sanction.

He maintained in the court that the issue of sanction for
prosecution "once decided attains finality and he (present
CJI) has no powers to review or reconsider it".

However, in a detailed 55-page judgement, Justice Kohli
observed that there was no decision, noting or order by former
CJI Balakrishnan declining the sanction.

The Judge observed that the record confirmed that Justice
Kapadia had examined the question of sanction for prosecution
for the first time and it had not been examined by Justice
Balakrishnan earlier.

According to Anupam Gupta, Special Public Prosecutor for
CBI, the High Court here had summoned records from CBI,
Central Government and the Law Ministry.

While maintaining that there was no question of any
review, Justice Kohli also mentioned that even otherwise the
CBI did produce fresh evidence as directed.

Regarding information sought by Yadav seeking disclosure
of notings regarding her prosecution sanction in the case, the
Judge observed that the accused has no right to access records
before charges are framed by the trial court and added that
she can apply for the same in the trial court later.

Yadav had appeared for the first time before
the CBI Special Court hearing the case and was granted bail
after furnishing a bond of Rs 25,000.

The Punjab and Haryana High Court was rocked by
controversy after a sum of Rs 15 lakh was wrongly delivered at
the residence of Justice Nirmaljit Kaur, another judge of the
High Court here, on August 13, 2008, following which she
reported the matter to Chandigarh Police.

The money, allegedly meant for Justice Yadav, was said to
have been delivered to Justice Kaur due to confusion over
their names.

Yadav had denied the allegation that the money
was meant for her.

The CBI had on March 4 filed a charge sheet against
Yadav and four others for alleged criminal conspiracy
and corruption in the scam.

The others include advocate Sanjeev Bansal, Delhi based
hotelier Ravinder Singh Bhasin, Chandigarh-based businessman
Rajiv Gupta and Nirmal Singh.


First Published: Monday, November 14, 2011 - 15:45
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