Yadav moves SC,seeks access to evidence against her with CJI office

Yadav,in her special leave petition (SLP) has argued that she has not had access to the documents collected by the Central Bureau of Investigation (CBI),now with CJI office. The high court had used the documents as a base to dismiss her petition.

Terming this as a clear case of “violation of natural justice”,Yadav has also submitted that the Central government did not even claim privilege on the documents. She has requested the apex court to pass necessary directions to the concerned authorities to produce the official noting,if any,wherein the then CJI,KG Balakrishnan,had denied prosecution sanction.

Earlier,Yadav’s counsel KTS Tulsi had contended that once the then CJI had denied prosecution sanction,the present CJI,SH Kapadia,had no power to review the decision and grant a fresh sanction. He 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”.

Referring to a Constitutional Bench judgment,Yadav has submitted that “documents or evidence cannot be withheld” from a petitioner or accused. She reiterated that secrecy (withholding of documents) encourages oppression,corruption and misuse. The SLP is likely to come up for hearing in the Supreme Court this week.

Earlier,on November 15,2011 Justice Permod Kohli of the high court had dismissed Yadav’s petition observing observing that she cannot claim any special right merely because she had occupied the high constitutional office.