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Counsel for Justice (retd) Nirmal Yadav on Wednesday said she has not committed any crime in deciding a case in motion hearing in March 2008 for which she is alleged to have taken a bribe of Rs 15 lakh to decide the case in favour of the client of advocate Sanjeev Bansal.
Rebutting the arguments raised by Central Bureau of Investigation,senior lawyer K T S Tulsi contended that the time period during which Justice Yadav decided the disputed caseRSA 550 of 2007a judge of the Punjab and Haryana High Court decided 173 RSAs in motion hearing.
Tulsi argued that 90 per cent of the cases are decided like that (in motion hearing).
The senior lawyer said if Yadav has committed a crime by deciding a case in motion hearing,then all high court judges should be charged with the same crime.
Tulsi said if the court has doubt with regard to denial of prosecution sanction by the competent authority then record of Chief Justice of Indias office shall be summoned. The lawyer said to get clarity,the court can well issue notice to the registrar of the Chief Justice of India.
He said it was absurd to say that there is fresh evidence in the chargesheet against Justice Yadav.
These averments were raised during the resumed hearing of a petition seeking quashing of the chargesheet issued against her by the CBI in the judge bribery case.
The arguments concluded today and the judgment has been reserved by Justice Permod Kohli.
Reacting to the accusation made in Yadavs petition that the Centre has not responded to certain submissions made by her,senior lawyer Anmol Rattan Sidhu assisted by Ajay Kaushik said the Centre has furnished the record and documents which were asked for by the high court.
Terming the investigation carried out by the CBI as a result of which it filed the chargesheet,as a so called investigation,Tulsi said that the CBI has not come clean.
Tulsi countered the submission made by the special public prosecutor for CBI,Anupam Gupta,wherein he (Gupta) had submitted that the then law minister had subverted the process.
Tulsi submitted that these are personal opinions of the prosecutor which run counter to the documents exchanged between different departments of the government. The senior lawyer said the charge made against the minister was unfounded and unfortunate.
In response to it,Justice Kohli observed that certain nuances are not relevant.
Tulsi also said that the chargesheet filed by the CBI is without jurisdiction and that there is not even a shred of fresh evidence in the chargesheet.
He said a perusal of the chargesheet makes it clear that there is nothing new in it against Yadav and that the so called fresh evidence only relates to other accused involved in the case.
The judgment has been reserved by Justice Kohli.
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