Nirmal Yadav`s plea dismissed by High Court

Last Updated: Monday, November 14, 2011 - 21:31

Chandigarh: Punjab and Haryana High Court on Monday dismissed a plea of its former Judge Nirmal Yadav challenging grant of sanction for her prosecution in the 2008
cash-at-judge`s door case, observing that she cannot claim any special right merely because she had occupied the high constitutional office.

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

The chargesheet was filed by the agency in the Special
CBI Court on March 4, a day after Justice Yadav, then posted
as Judge of the Uttrakhand High Court, retired.

The President had granted prosecution sanction on
March 1 this year.

Pronouncing the 55-page order in the open court, Justice
Permod Kohli held that merely because the petitioner has
enjoyed one of the highest constitutional offices, she cannot
claim any special right or privilege as an accused than
prescribed under law.

"Rule of law has to prevail and must prevail equally
and uniformly, irrespective of the status of an
individual...," the Judge observed.

Yadav`s counsel and senior advocate KTS Tulsi had
earlier 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 had 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, Justice Kohli observed that there was no 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.

PTI



First Published: Monday, November 14, 2011 - 21:31

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