Nirmal Yadav moves HC, Judge recuses
Chandigarh: A judge of the Punjab and
Haryana High Court on Tuesday recused himself from hearing a plea
of its former judge Nirmal Yadav challenging the summons
issued to her in connection with the 2008 'cash-at-judge's
The petition came up for hearing before Justice
Kanwaljit Singh Ahluwalia. As a battery of lawyers led by
Supreme Court advocate KTS Tulsi appeared for Yadav before the
bench in a jam packed courtroom, Justice Ahluwalia refused to
hear the case and referred it to another bench.
Yadav had, in her application, sought quashing of the
summons directing her to appear in person on May 18 and the
charge sheet filed by the CBI against her and others in the
special court here on March four.
Special Judge Ritu Tagore had issued summons against
Yadav on April 30 directing her to appear in person.
After Justice Ahluwalia recused himself, her counsel
requested Acting Chief Justice Adarsh Kumar Goel to place the
matter before another judge.
A request was also made to fix the case for hearing on
May 20 but Justice Goel made it clear that the court could not
fix the matter for a particular date.
Her counsel said they would now move an application to
the High Court Registry so that the petition is put up before
Yadav's counsel, in her petition, has claimed the
"sanction for her prosecution was granted by the President of
India without there being any fresh material placed before the
competent authority by the CBI requiring review of the earlier
order declining such sanction."
The counsel said the then Chief Justice of India
directed closure of investigation against the petitioner and
refused to grant sanction for her prosecution.
Elaborating, the counsel said then Secretary, Ministry
of Law and Justice, DR Meena, addressed a letter on December
7, 2009, to then CBI Director Ashwani Kumar.
Meena wrote that the case of the petitioner was
discussed by the Minister for Law and Justice with the then
Chief Justice of India. He observed no action was required and
the case papers relating to the petitioner be returned to the
Department of Personnel and Training.
But, "to the utter surprise of the petitioner, on
March 1, sanction for her prosecution was granted by the
President of India", the petition said.
Her counsel added "it is well-settled that request for
sanction to prosecute once rejected upon due application of
mind by the authority competent to grant or advise sanction
cannot be reviewed/ re-considered, unless there is any fresh
material necessitating such fresh look at the earlier order."
The name of Justice Yadav had surfaced in the cash at
judge's door step as the alleged intended receipt of Rs 15
lakh which had erroneously landed in the house of another
High Court Judge Justice Nirmaljit Kaur Court who reported the
matter to the Chandigarh Police.