New Delhi, Jul 5: The Supreme Court today dismissed the plea of former Punjab and Haryana High Court judge Nirmal Yadav for review of sanction granted for her criminal prosecution in the 2008 cash-at-judge's door scam.
The apex court said there should not be any hurdle for the trial court to go agead with the issue of framing of charges against Yadav and other accused in the case.
“Why not the trial judge frames charges? It can't go on like this,” a bench comprising justices H L Dattu and Dipak Misra said.
“You can raise the question of sanction in the trial court,” the bench said when Yadav's counsel and senior advocate K T S Tulsi submitted that the sanction for prosecution of the former judge was illegal.
Yadav had challenged the order of the Punjab and Haryana High Court which had dismissed her plea contesting grant of sanction for her prosecution in the case.
The apex court had on September 10, last year refused to quash criminal proceedings against Yadav by asking her to raise all her objections before the trial court.
Earlier in the high court, Yadav had sought quashing of the charge sheet filed by CBI against her contending that then Chief Justice S H Kapadia had no power to recommend sanction to prosecute her as it was denied by his predecessor Justice K G Balakrishnan.
The high court, while dismissing her plea on November 14, 2011, had said that former CJI Balakrishnan had not passed any order declining the prosecution sanction and records confirmed that Justice Kapadia had examined the question of sanction against her for the first time.
The high court was rocked by the controversy after a sum of Rs 15 lakh was delivered at the residence of Justice Nirmaljit Kaur, another judge of the high court, on August 13, 2008, following which she reported the matter to the Chandigarh Police.
The money, allegedly meant for Yadav, was said to have been delivered to Kaur due to confusion over their names. Yadav, in her plea, had denied the allegation that the money was meant for her.
The high court had also rejected Yadav's plea, saying she could not claim any special right merely because she had occupied the high constitutional office.
The charge sheet was filed against her by CBI in the Special Court on March 4, 2011, a day after Yadav, then posted as a judge of the Uttrakhand High Court, retired.
An FIR was registered against Yadav on August 13, 2008 under the provisions of the Prevention of Corruption Act on a complaint of a peon of Justice Kaur.
Initially, the case was investigated by the Chandigarh Police and it was subsequently transferred to CBI by the then Governor of Punjab and Administrator of Chandigarh.
Earlier, CBI had filed closure report in the case on the ground that the prosecution sanction had been declined, but the Special CBI Judge had refused to accept the report.
On being approached again by CBI, the President had granted sanction for prosecution on March 1, 2011.
On August 27, 2011, Yadav had appeared for the first time before the CBI Special Court hearing the case and was granted bail after furnishing a bond of Rs 25,000.
CBI had on March 4, 2012 filed a charge sheet against Yadav and four others for alleged criminal conspiracy and corruption.
The others were advocate Sanjeev Bansal, Delhi-based hotelier Ravinder Singh Bhasin, Chandigarh-based businessman Rajiv Gupta and Nirmal Singh.
