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Journalism of Courage
Setting the stage for trial of former Punjab and Haryana High Court judge Nirmal Yadav in the 2008 cash-at-judges door scam,the Supreme Court Friday dismissed her petition to stall the trial proceedings until her challenge to the penal charges was decided.
A Bench led by Justice H L Dattu also ticked off the former judge for delaying tactics by resorting to unending rounds of litigation across the courts. The Bench made it clear that no indulgence could be given to her at the stage of framing of charges in the case that had failed to proceed effectively since 2008.
Why should we interfere with the framing of charges in a case of 2008? How many rounds of litigation is there by this learned retired judge? If it was a case of an ordinary litigant,the trial court could have framed charges in a reasonable time but here the charges have not been framed since 2008, it said.
Yadavs counsel replied that the case had not delayed because of her and that she should also get opportunities before the law like every other citizen. It is a case of no evidence against me. Why would a judge take a petty bribe of Rs 15 lakh,and that too months after deciding a case in somebodys favour? A former judge is being harassed, said the counsel.
Yadavs counsel alleged discrimination against her while arguing that the Supreme Court had in similar matters stayed the trial proceedings.
The Bench however snubbed the counsel for raising such contentions and said that there was no question of staying the proceedings and that if Yadav was convinced about her innocence,she must stand the trial to come out clean.
We shall allow the trial judge to frame charges in accordance with the law and initiate the trial. If there is no evidence,she will get a clear acquittal. It will be in her interest only, said the Bench while dismissing the petition.
The court also turned down the counsels plea to let him withdraw the petition,saying this liberty could not be granted after he had argued the matter at length.
The special CBI court in Chandigarh had recently summoned Yadav and four co-accused in the case for framing of charges against them,following which Yadav had approached the High Court seeking a stay on trial courts order. However,the High Court refused to stay the trial. It had also turned down Yadavs request for two weeks time to challenge the order in the Supreme Court.
