The Punjab and Haryana High Court on Tuesday adjourned a petition filed by Justice (retd) Nirmal Yadav seeking a stay on her trial in the Cash at Judge’s door scam. The case will come up for hearing on November 22. No notices have been issued by the High Court.
Questioning under which provisions can a trial under Prevention of Corruption Act can be stayed,Yadav had contended that there is not even an iota of evidence against her in the case and that the entire proceedings pending in the special CBI court be stayed.
The special CBI Judge had made it clear that it will remain unaffected with the revision petition filed by Yadav in the Punjab and Haryana High Court which,on September 13,had admitted her petition summoning the entire original record of the trial.
However,last month the High Court had returned the original record to the special CBI Court and decided to keep only the photo copy of it,as first reported by The Indian Express.
Two years after the CBI had filed a chargesheet (March 3,2011) against Yadav,the CBI Court had decided to frame charges against Yadav and other accused.
However,even before the CBI Court could frame charges against her,the former Punjab and Haryana High Court Judge had petitioned the High Court demanding quashing of trial court’s orders.
Justice N K Sanghi had admitted the revision petition filed by Yadav ordering that it be heard within three months.
In a damaging judgment,special CBI Judge Vimal Kumar,on July 31,had ruled that there is “overwhelming evidence” against Yadav and other accused in the scam. In a 63-page judgment,first reported by The Indian Express, the special CBI Judge had rejected the defence taken by Yadav and co accused as “untenable”.