HC refuses to stay trial of ex-judge Nirmal Yadav
15 Nov 2011
Cases of superior court judges being themselves brought to trial for malfeasance, till recently almost unheard-of in India, are apparently gaining ground. The latest in the firing line is former high court judge Nirmal Yadav, indicted in what is known as the cash-at-judge's door scam.
The Punjab and Haryana High Court on Monday dismissed Yadav's petition seeking the sanction of her prosecution by the President of India on 1 March be quashed.
The case had made headlines in 2008, when a parcel containing Rs15 lakh was handed over to Justice Nirmaljit Kaur of the Punjab and Haryana high Court by Prakash Ram, a clerk of Sanjiv Bansal, former additional advocate general of Haryana. The packet of cash was allegedly meant for Justice (retd) Nirmal Yadav, but was mis-delivered to Kaur.
In his 57-page judgment, Justice Permod Kohli made it clear that at no earlier stage the file was produced before the then Chief Justice of India K G Balakrishnan, and the sanctioning authority (the President of India) and the present CJI, S H Kapadia, examined the prosecution sanction of the case for the first time.
"Since there was no earlier refusal, there was no occasion for review or reconsideration," said Justice Kohli.
The judge further remarked, "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. The rule of law has to prevail and must prevail equally and uniformly, irrespective of the status of an individual."
After the president granted sanction for prosecuting Yadav, the Central Bureau of Investigation filed a chargesheet against her and others on 4 March for corruption. The trial is currently pending with the special CBI court in Chandigarh.
While turning down Yadav's petition, Justice Kohli made it clear that he finds no valid ground for judicial intervention in the matter.
