CBI may soon file a chargesheet against Justice Nirmal Yadav of Uttarakhand High Court in a case of alleged corruption after President Pratibha Patil gave clearance for her prosecution.
The judge is slated to demit office on Friday. The CBI had sought permission to prosecute Justice Yadav, who was a judge of the Punjab and Haryana High Court after Rs 15 lakh was recovered at the door of another judge of the same court, Nirmaljit Kaur.
The money was said to have been delivered there due to confusion over names. Official sources said that President gave her nod for the prosecution on February 28 paving the way for the investigating agency to file a chargesheet against Yadav, who will be retiring soon.
If the agency files the chargesheet before March 4, when she demits office, she could become the first sitting High Court judge facing such an action.
The sanction to prosecute a sitting High Court judge can only be given by the President who is the appointing authority. The President takes action on the advice of Chief Justice of India who is learnt to have given his nod for prosectution in the case.
CJI K G Balakrishnan had formed a three-judge committee to probe the allegations. The Chandigarh administration handed over the case to the CBI. The judges' committee, in its report submitted to the CJI in December 2008, had reportedly recommended action against Justice Yadav, who challenged the findings, terming them biased.
In its report, the in-house committee had referred to Rs 15 lakh being delivered at Yadav’s residence on August 14 last year, a day after an assistant to former Haryana Additional The then Advocate General Sanjeev Bansal mistakenly delivered a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the same court.
The CBI has already requested the Centre to grant sanction to prosecute Justice Yadav in "cash-at-judge’s-door" scam for allegedly receiving Rs 15 lakh from a Delhi-based hotelier. The CBI was denied permission by the government in April 2009 on the advice of then Attorney General Milon K Banerjee to proceed in the case, following which the collegium recommended the transfer of Justice Yadav. Justice Yadav has also worked as Registrar, Punjab and Haryana High Court from March, 2000 to January, 2002 and was elevated as Judge of Punjab and Haryana High Court at Chandigarh on November 5, 2004.