Punjab and Haryana High Court on Tuesday deferred the hearing on a petition by its former judge Nirmal Yadav challenging grant of sanction for her prosecution in the cash-at-judge's door case of 2008. Justice Yadav was on August 27 granted bail by the Special CBI Court here in the case. As the matter came up for hearing today,Justice Permod Kohli was informed that senior Supreme Court lawyer KTS Tusli would not be able to appear on behalf of Yadav today as he was unwell and therefore the hearing should be deferred. However,the request was strongly opposed by senior advocate and Special Public Prosecutor Anupam Gupta. The court later fixed September 13 as the next date of hearing. On August 11,Tulsi had contended that once the then Chief Justice of India (CJI) K G Balakrishnan had denied prosecution sanction,the present CJI had no power to review the decision and grant a fresh sanction. Justice Yadav's lawyer had maintained in the court that the issue of sanction for prosecution "once decided attains finality and he (present CJI) has no powers to review or reconsider it". On August 27,Yadav had appeared for the first time before the CBI Special Court here hearing the case and was granted bail after furnishing a bond of Rs 25,000.
