CBI special judge Vimal Kumar on Saturday started hearing the arguments on consideration of charges in the infamous cash-at-judge's-door case in which justice Nirmal Yadav, retired high court judge, is named as an accused.
In 2008, a case was registered under various sections of the Prevention of Corruption Act against justice Yadav, along with Sanjeev Bansal, former additional advocate general of Haryana, Chandigarh-based businessman Rajiv Gupta, Delhi-based hotelier Ravinder Singh Bhasin and one Nirmal Singh.
Justice Yadav was granted exemption from personal appearance on Saturday on medical grounds.
Opening arguments, CBI special public prosecutor Anupam Gupta, in order to substantiate the allegations, read out the extract from the chargesheet and reconstructed how the entire scam unfolded.
Submitting that it was a clear case to prosecute justice Yadav under Section 11 of the PC Act, CBI counsel Anupman Gupta read out the sanction order. Ripping the claim of the defence counsel, claiming that no case was made out on the basis of grant of sanction by the President, Gupta submitted: “Question challenging the validity of sanction cannot be raised at this stage of framing of charges.”
Replying to a query by the court on whether the validity of sanction can be raised at this stage, advocate Gupta submitted: “This is legally impermissible and it would be in contempt of the Punjab and Haryana high court.”
Referring to the order of the high court dismissing plea of justice Yadav, challenging the denial of photocopies of documents relating to prosecution sanction, Gupta read out the order of the high court that said: “The stage for challenging the sanction or the issue with regard to sanction can be raised by petitioner when the sanction is tendered by prosecution in evidence.”
Putting forward arguments pressing on charges against justice Yadav, Gupta submitted that as per the investigations justice Yadav was seeking regular favours from Ravinder Singh. He submitted that in fact mobile phone in name of Ravinder Singh was being used by justice Yadav. He even pointed out that investigations had revealed that Bansal had paid for air tickets of justice Yadav.
The court would resume hearing arguments on Monday.