CBI had urged CJI to lodge second FIR against Justice Yadav in Solan land deal

Case of abuse of official position,cheating and forgery made out against her: CBI

Written by RAGHAV OHRI | Chandigarh | Published: July 24, 2013 3:29:50 am

In addition to indicting her,for giving a favourable judgment,in the cash-at-judge’s-door scam,the Central Bureau of Investigation had indicted Justice (retd) Nirmal Yadav in another case as well.

The CBI had indicted the High Court judge for “abuse of official position” and “cheating” the Himachal Pradesh government by “undervaluing” the land on the basis of “forged documents”. Not only this,the CBI had sought permission from the then Chief Justice of India (CJI) to register a second FIR against Yadav for allegedly cheating,forgery and under the Prevention of Corruption Act.

This was revealed by the CBI,for the first time,to the special CBI court. The disclosure was made by special CBI public prosecutor Anupam Gupta on Tuesday,responding to defence taken by the accused. It was in June 2010 that a confidential report,prepared by the Superintendent of Police,CBI,was sent to the then CJI.

The exhaustive report had made two important recommendations. First,sanction to prosecute Justice Yadav in the cash-at-judge’s-door scam wherein Rs 15 lakh were allegedly delivered to Yadav by courier Sanjiv Bansal as asked by Delhi businessman Ravinder Singh. Second recommendation pertained to the “abuse of official position” by Yadav in the Solan land deal.

Separate permission was sought by the CBI as the property deal had a different territorial jurisdiction. The CBI,in its report,had submitted that facts and circumstances do make out a prima facie criminal case on charges of cheating,forgery,criminal conspiracy and under Section 13 (1) (d) of the Prevention of Corruption Act.

The Gokhale Committee,an in-house committee of three High Court judges,had questioned the “clean chit” given by the Himachal Pradesh government to Justice Yadav. In its 92-page report,first reported by The Indian Express,the Gokhale Committee had termed the inquiry done by the Himachal government a “sort of whitewash inquiry”.

The committee had expressed shock and raised doubts over the inquiry conducted by the Himachal Pradesh government into the alleged irregularities committed in purchase of land in Solan by Justice (retd) Nirmal Yadav and her family members. “We have,therefore,to draw an inference that some influential person must have intervened for the benefit of the purchasers,who undoubtedly includes Justice Nirmal Yadav,” notes the committee report.

After conducting the inquiry,Himachal Pradesh in November 2008 had held that there was no irregularity in the purchase of 11.01 bighas of land in Solan. This finding was questioned by the Gokhale Committee in its report.

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