Refusing immediate relief to Justice (retd) Nirmal Yadav,Punjab and Haryana High Court Tuesday questioned her counsel to explain under which provisions of law can a corruption trial be stayed?
Justice N K Sanghi made it clear he will issue notices to the opposite party (CBI in this case) only if Yadav is able to satisfy the Court that proceedings in a corruption case can be stayed. I will issue notices to the other side only if I am satisfied that a trial in a corruption case can be stayed. The other side will come into picture only when I am convinced, remarked Justice Sanghi in response to repeated demand by Yadavs counsel that notices be issued to CBI on Yadavs petition.
Under which provisions of the Prevention of Corruption (PC) Act can I stay trial? Justice Sanghi questioned Yadavs lawyer.
The retired High Court judge had moved the High Court demanding a stay on the trial of Cash at Judges Door case in which she had been named by CBI. Referring to a Supreme Court judgment in 2001 pertaining to corruption trials,the High Court asked Yadavs counsel to convince the Court as to how a stay can be granted by the High Court in corruption cases.