The Central Bureau of Investigation (CBI) today strongly opposed the request of Justice Nirmal Yadav (retired) seeking permanent exemption from her personal appearance in the court in the Judge Bribery case. Special CBI Public Prosecutor Anupam Gupta termed Justice Yadavs request wholly and manifestly misconceived and unwarranted. Special CBI Judge Ritu Tagore granted exemption to Justice Yadav for todays hearing,directing her (Yadav) to remain present during the next date of hearing on November 18. Whether factually or legally,there is not a shred of justification for acceding to (Justice Yadavs) application. She cannot be granted any privilege or exemption merely because she is a former High Court Judge. She cannot be placed on a pedestal higher than any of the other accused and has to be treated like all other accused persons in strict conformity with the Constitutional principle of equality before the law, read the CBIs reply. Justice Yadav was not present in the court today as she had sought exemption on medical grounds,claiming to be have been suffering from spondilitis (back problem). Her counsel S K Garg Narwana today moved an application before the CBI Court seeking her exemption from appearance for today on medical grounds. Justice Yadav is undergoing regular treatment. We have got it confirmed from the doctors that she is suffering from a severe backbone problem, said Yadavs counsel. The arguments on Yadavs plea for permanent exemption from the trial have been scheduled for the next date of hearing (November 18). Replying to Yadavs counsels application for todays exemption to be present in the court,Gupta said,I speak with pain and anguish that a person in her position should be moving such applications repeatedly as if appearance in the court is some kind of monstrous thing. In its reply filed today,the CBI has raised an eyebrow on the claim that Justice Yadav should be allowed permanent exemption since is diabetic and suffering from hypertension. This can hardly be a ground for claiming permanent personal exemption. A large number of persons are affected by diabetes or hypertension and there is nothing exceptional about either of the said ailments nor do they impair in any way a persons ability or capacity to travel, read the CBIs reply. It adds,The pleas that the applicant has crossed the age of 62 years or that she is a lady and a former Judge of the HC or that she is a resident of Gurgaon are equally immaterial and untenable for the purpose of claiming personal exemption.
