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This is an archive article published on September 17, 2011

Nirmal Yadav seeks permanent exemption from court appearance

Former Punjab and Haryana High Court Judge Nirmal Yadav on Friday sought permanent exemption from appearing before the special CBI court in the 2008 cash-at-judge’s door case citing health grounds and unfavourable media coverage.

Former Punjab and Haryana High Court Judge Nirmal Yadav on Friday sought permanent exemption from appearing before the special CBI court in the 2008 cash-at-judge’s door case citing health grounds and unfavourable media coverage.

Special CBI Judge Ritu Tagore granted her exemption for the day while directing the prosecution to file its reply on Yadav’s plea on October 8. Justice Tagore also warned Yadav’s counsel not to make such requests for exemption a ‘routine issue’.

Justice (retd) Nirmal Yadav’s counsel S K Garg Narwana had moved three applications in the court today. In the first application Yadav had sought a copy of the complete charge sheet filed by the CBI in the case as she claimed that she had not been provided the same “in totality”.

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In two other applications she sought exemption from appearance in the case.

“She herself will be present in the court when her presence is imperatively needed,” Narwana contended adding that Yadav had crossed the age of 62 years and is not in a position to come from Gurgaon,where she resides,due to health reasons as she is a diabetic and suffering from hypertension.

“The former judge has been facing humiliation,harassment and torture due to media trial in the case,” the counsel pleaded. Narwana insisted that should be exempted from the next date of hearing also.

However,the CBI strongly opposed her plea that she be granted permanent exemption from appearance in the court. Special public prosecutor for CBI,Anupam Gupta while opposing defence move said the application moved by Yadav is “most untenable”. “How can she (Yadav) anticipate that she will not be well on the next date also,” Gupta argued.

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The court later asked Gupta to file a response to the application moved by Yadav and furnish a copy in advance to the defence counsel.

A request made by Narwana that the date fore hearing to decide exemption issue be advanced was turned down. The case has been posted for resumed hearing for October 8.

Meanwhile,the court directed the CBI to clarify as to whether red corner notices issued against Ravinder Singh,a Delhi-based businessman,co accused in the case and a close friend of Yadav have been withdrawn.

Earlier,in her application,Yadav stated that she is “suffering from diabetes and hypertension and is is not in a position to travel to distant places.”

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The application further reads that “CBI has cited 82 witnesses,which it intends to examine. There is every likelihood of media persons being present. As on August 27 when the applicant appeared before the court to furnish bail bonds,the reporters followed her. They hounded her when she came to attend the court… It caused humiliation,harassment and torture to the applicant. The reports have caused great mental agony and tension to the applicant.”

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