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Wednesday, August 05, 2020

Cash at judge’s door: HC refuses to stay trial

Punjab and Haryana HC Judge had petitioned the HC demanding quashing of trial court's orders.

Written by RAGHAV OHRI | Chandigarh | Updated: February 6, 2014 4:38:04 pm

The Punjab and Haryana High Court on Friday refused to stay trial in the Cash at Judge’s door scam. Justice N K Sanghi dismissed an application filed by Justice Nirmal Yadav (retd) seeking stay on the trial.

Yadav had petitioned the High Court after special CBI Judge Vimal Kumar last week announced that he will frame charges against her and other accused despite the revision petition in the High Court. However,the court is yet to issue any order on this revision petition.

Admitting Yadav’s petition,Justice N K Sanghi had on September 13 virtually stayed the trial by summoning the entire original record from the CBI court. However,on October 26,the administrative section of the High Court returned the original records to the CBI court and decided to keep photocpies. This facilitated in the resumption of trial.

Observing that in the absence of any formal stay from the High Court the CBI court can proceed with the trial,Special CBI Judge Vimal Kumar directed Yadav and the co-accused to be present in the court on November 26 for framing of charges under the Prevention of Corruption Act.

Two years after the CBI had filed a chargesheet (March 3,2011) against Yadav,the CBI Court had decided to frame charges against Yadav and other accused. However,even before the CBI Court could frame charges against her,the former Punjab and Haryana High Court Judge had petitioned the High Court demanding quashing of trial court’s orders.

In a damaging judgment,special CBI Judge Vimal Kumar had on July 31 had ruled that there is “overwhelming evidence” against Yadav and other accused in the scam. In a 63-page judgment,first reported by The Indian Express,the special CBI Judge had rejected the defence taken by Yadav and co-accused as “untenable”.

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