Nirmal Yadav moves SC over CJI nod to prosecute her

Yadav,who is facing trial before a special court in Chandigarh,questioned the authority of present Chief Justice of India

Written by Express News Service | New Delhi | Published: April 6, 2012 12:01 am

Controversial former judge of the Punjab and Haryana High Court Nirmal Yadav has moved the Supreme Court for a direction to quash the sanction to prosecute her for corruption in the infamous cash-at-judge-door case

of 2008.

Yadav,who is facing trial before a special court in Chandigarh,questioned the authority of present Chief Justice of India

S H Kapadia to recommend sanction to prosecute her,claiming that his predecessor Justice KG Balakrishnan had refused it in 2009.

She has contended that once Justice Balakrishnan has refused sanction,Justice Kapadia has no powers to review the decision and decide in a diametrically opposite way.

Yadav had made the same arguments earlier in the Punjab and Haryana High Court,which had turned it down observing that “the present CJI,S H Kapadia,had examined the matter for the first time and recommended for her prosecution sanction”.

The high court had then dismissed her petition contesting the grant of sanction in the case.

The President granted sanction for prosecution on March 1,2011.

The scandal came to light when a clerk dropped a bag allegedly containing Rs 15 lakh at the official residence of Justice Nirmaljit Kaur on August 13,2008. Justice Kaur reported the matter to local police,stating that it looked like an attempt to bribe.

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