Journalism of Courage
Justice (retd) Nirmal YadavCBI on Tuesday sought time to challenge the High Court order declining stay on trial in the Cash at Judge’s door scam. The CBI Court adjourned the case for three weeks allowing Yadav time to approach the Supreme Court to challenge HC order.
As ordered,Yadav was present Tuesday in the court. Yadav’s counsel sought time to move the Supreme Court to challenge orders of High Court wherein it had refused to stay the trial.
Admitting Yadav’s petition,Justice N K Sanghi of the High Court,on September 13,had virtually stayed the trial by summoning the entire original record from the CBI court. However,on October 26,the HC (administrative side) returned the original records to the CBI court and decided to keep photo copies. This facilitated in the resumption of trial.
The court observed that in absence of any formal stay from the High court,the CBI court can proceed with the trial. Special CBI Judge Vimal Kumar had directed Yadav and the co-accused to be present in the court today for framing of charges under the Prevention of Corruption Act.On July 31,special CBI Judge Vimal Kumar had ruled that there is “overwhelming evidence” against Yadav and other accused in the scam. In the 63-page judgment,first reported by The Indian Express,Kumar had rejected the defence taken by Yadav and others as “untenable”.However,even before the CBI court could frame charges against her,she moved the High Court challenging the order. Admitting her petition,Justice Sanghi had held that the matter requires “thorough consideration.”
