New Delhi, Sep 11 ():The Supreme Court yesterday refused to dismiss the charge-sheet against former Punjab and Haryana High Court judge Nirmal Yadav in the 2008 cash scam.
The apex court bench headed by Justices HL Dattu and CK Prasad said, “At this juncture, the court does not want to quash the charge-sheet.” The bench however permitted the former High Court judge to clear herself by raising her argument in front of the trial court.
Earlier Yadav’s appeal to dismiss the charge-sheet was disapproved by the Punjab and Haryana High Court. While criticizing the High Court order, KTS Tulsi, the lawyer who appeared on behalf of Nirmal Yadav pointed out that it has been a clear violation by not providing with appropriate material on the ground of which the High Court had decided the case against the former judge.
The petitioner then approached the Supreme Court challenging the order of the Punjab and Haryana High Court dismissing her appeal contesting grant of sanction for her prosecution in the case.
The former judge in a petition in the High Court had appealed to dismiss the charge-sheet that was filed against her by the CBI saying that Chief Justice S H Kapadia has no right to give the sanction order to prosecute her as it was already objected by former CJI K G Balakrishnan.
The High Court however denied to accept her appeal by saying that the former CJI Balakrishnan has not mentioned about declining the prosecution sanction which proves that Justice Kapadia had examined the question of sanction against her for the first time.
A huge uproar was raised on August 13, 2008, after a sum of Rs 15 lakh was taken to the residence of Justice Nirmaljit Kaur, another judge of the High Court who later took the matter to the Chandigarh Police.
Nirmaljit Kaur said that the money actually was meant for Yadav but has been wrongly delivered to her owing to confusion in their names. Yadav did not accept Kaur’s allegation.