HC gives CBI court a month to decide on framing of charges

The one man bench of Justice Paramjeet Singh also found no merit in Yadav’s plea demanding the documents pertaining to proceedings for grant of sanction to prosecute her in the case and dismissed it.

Written by Express News Service | Chandigarh | Updated: April 14, 2014 3:39 pm

Putting an end to the delay being caused on “hyper-technical” grounds,the Punjab and Haryana High Court Monday set a deadline of one month for the special CBI Court,Chandigarh,to decide on framing of charges against all the accused,including former judge Nirmal Yadav,in the much-hyped judge bribery case.

The one man bench of Justice Paramjeet Singh also found no merit in Yadav’s plea demanding the documents pertaining to proceedings for grant of sanction to prosecute her in the case and dismissed it. However,the court ordered that Yadav can inspect the file in the (CBI special) court within 15 days and record the notes through any electronic device.

In his judgment,Justice Singh ruled that “while dictating the notes to the stenographer,the petitioner will be at liberty to simultaneously get the same recorded through any electronic device so as to avoid any error or omission in the dictation to the stenographer”.

Following this,in the next 15 days,the trial court will decide on the charges in the case. Justice Singh also has made it clear that Yadav can dispute the validity of sanction (to prosecute her) only after the framing of charge.

Welcoming the judgment,Anupam Gupta,special public prosecutor,CBI said,“The verdict represents judicial valour at its best. The direction to the trial Court to conclude the question of (framing of) charges within a month is especially welcome in view of dilatory tactics adopted by the accused”.

After the CBI Court dismissed her case in February,Yadav had petitioned the High Court demanding photocopies of the records of the Union Ministry of Law and Justice pertaining to her prosecution sanction.

Yadav had taken the ground that she is no ordinary client.

Special prosecutor,Anupam Gupta had opposed the petition stating that law cannot be altered merely because she is a retired high court judge. Gupta had further contended that there cannot be “more comprehensive application of mind at the level of President of India,Chief Justice of India and Prime Minister” at the time of deciding grant of sanction to prosecute Yadav in the case.

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