Coming on record before the trial court for the first time in the cash at judge's doorstep case, the Central Bureau of Investigation (CBI) has submitted that the Presidential sanction to prosecute Nirmal Yadav, former judge of the Punjab and Haryana high court, is “completely valid and suffers no infirmity”.
This was submitted by the CBI in a reply filed during the resumed hearing of the case, in which retired justice Nirmal Yadav is an accused.
The CBI made this submission while contesting the application moved by accused Sanjiv Bansal, former additional advocate general, Haryana, seeking discharge. Bansal had moved the application for discharge from the allegations on ground that “no cognisance could be taken in absence of valid sanction order”.
The investigating agency had reproduced the order of the then chief justice of India, SH Kapadia, dated July 2010, wherein he had accorded sanction to the CBI to prosecute justice Yadav.
“I have considered the incidents that occurred on August 13, 2008 and August 14 (when the cash was wrongly delivered and complaint was filed with police) with relation to justice Yadav. Facts about purchase of land at Solan are also relevant to the present matter. I have also considered the material regarding taking favours from Ravinder Singh and Sanjiv Bansal by justice Yadav… The President may consider according sanction for prosecution of justice Yadav under Section 19 of the Prevention of Corruption Act for committing offences punishable under Section 11 of the Prevention of Corruption Act,” read the order of CJI, which was put on record by the CBI before the Punjab and Haryana high court.
“The CJI had no objection to CBI investigating the role of justice Nirmaljit Kaur and justice Nirmal Yadav in connection to the case registered on August 16, 2008, under various sections of Prevention of Corruption Act… However, while examining the judges, the CBI must give due regard to the dignity of the offices held by them and they should be examined by an officer not below the rank of DIG of the CBI,” read the letter written by VK Jain, secretary general of the Supreme Court to the CBI director on September 4, 2008, whereby the CJI had granted permission to CBI for investigation of allegations involving justice Yadav.
“Records do not show or reveal any refusal or rejection of sanction for prosecution by the CJI at any stage. There is no question of the CJI reviewing any decision or order of refusal of sanction of his predecessor justice KG Balakrishnan, while recommending the grant of sanction for prosecution by President arises,” said Anupam Gupta, special public prosecutor for CBI in the case.
The case had made headlines after R15 lakh was delivered wrongly 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 investigations were subsequently handed over to the CBI. The investigations revealed that the money was meant for justice Yadav.