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This is an archive article published on November 11, 2013

Judge bribery case: CBI Court decides to frame charges against Nirmal Yadav

Yadav and other accused have been given time to approach HC to obtain stay on the trial.

Justice (retd) Nirmal Yadav is in trouble. For,the special CBI Court here on Monday announced that the Court will go ahead and frame charges against her and other accused involved in the infamous Judge Bribery case.

The court summoned all the accused including Yadav and has asked them to be present in court on November 26.

The court made it clear that it will remain unaffected with the revision petition filed by Yadav in the Punjab and Haryana High Court which,on September 13,had admitted her petition summoning the entire original record of the trial.

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However,last month the High Court had returned the original record to the special CBI Court and decided to keep only the photo copy of it,as first reported by The Indian Express.

During the resumed hearing of the trial,special CBI Judge Vimal Kumar announced that the Court will go ahead and frame charges against Yadav and other accused on charges of corruption under the Prevention of Corruption Act. It was made clear that there is no stay ordered by the High Court on the trial and that the CBI Court was empowered and entitled to frame charges against the accused.

Yadav and the other accused have been given time to approach the High Court to obtain stay on the trial if they are aggrieved of the CBI Court’s decision.

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.

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Justice Sanghi had admitted the revision petition filed by Yadav ordering that it be heard within three months.

In a damaging judgment,special CBI Judge Vimal Kumar,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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