Reiterating that there was no direct evidence against justice Nirmal Yadav (retd) with regard to the motive, reward and delivery of alleged amount (of Rs 15 lakh) in the judge bribery case of August 2008, Yadav's counsel raised questions on the credibility of Central Bureau of Investigation (CBI) officers'.
Arguing before the court headed by justice Naresh Kumar Sanghi, appearing for the accused former judge, senior advocate SK Garg said, "CBI officials are no better than the cops of Punjab, Haryana or Uttar Pradesh. Rather Punjab police's success and disposal rate is much better."
Adding further that CBI officials could not be said to be superior and their probe could not be said to be full proof, Garg submitted, "I can submit a list of CBI officials arrested in corruption cases." Arguments were made during the discussion about the re-investigation report submitted by the CBI to the trial court, a copy of which was placed before the high court on Saturday as per Friday's directions.
The senior counsel said that there was no additional evidence against the former judge in the re-investigation report. "The court would have to see totality of the case and the chargesheet. Why would a high court judge say after five months of deciding a case that gives me Rs 15 lakh. And who says I have received the money? There is no direct evidence," added Garg.
He further submitted that there was no evidence that the retired judge knew the relation between other accused in the case advocate Sanjiv Bansal and Rajinder Singh.
On being asked by the court about the incriminating evidence that had come up in the closure report initially filed by the CBI, Garg said that it were call details between the former judge and Ravinder Singh, Ravinder Singh and Sanjiv Bansal. But he said that there were no call details between the former judge and Sanjiv Bansal.
After hearing the arguments for about two hours, the court posted the case for further hearing on September 2. Till now the court, after hearing the case for two days, has not issued any notice to the CBI in the case.
The special CBI court, Chandigarh, in its orders on July 31 had ordered framing of charges against Yadav, advocate Sanjiv Bansal, Ravinder Singh, Rajiv Gupta and Nirmal Singh. The former judge has approached the high court challenging the order.