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HindustanTimes Thu,31 Jul 2014

HC dismisses justice Yadav's plea seeking prosecution record copies

HT Correspondent , Hindustan Times  Chandigarh, May 13, 2013
First Published: 21:58 IST(13/5/2013) | Last Updated: 21:59 IST(13/5/2013)

In a setback to former high court judge Nirmal Yadav, the Punjab and Haryana high court has dismissed her petition challenging the Chandigarh special CBI court's order of not allowing her photocopies of the prosecution sanction record in the 2008 cash-at-judge's door case.

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Finding the petition "devoid of merits", justice Paramjeet Singh gave justice Yadav (retd) 15 days' time to inspect the record and ordered the trial court to decide the issue of framing of charges within 15 days thereafter, after hearing both parties (petitioner and the Central Bureau of Investigation).

Pronouncing the judgment, justice Paramjeet Singh said, "…the matter is lingering on with regard to the framing of charges on hyper-technical grounds, in spite of the fact that the petitioner has been granted liberty to inspect the record, but the petitioner preferred to challenge the same…"

Appreciating the judgment in the court, CBI's senior standing counsel Anupam Gupta said, "My Lord has struck a big blow for the cause of justice."

The court also said that since the CBI counsel had granted the concession, the petitioner could prepare the notes with the help of a stenographer and while dictating the notes, she would be at liberty to simultaneously get the same record through any electronic device to avoid any error.

Upholding the trial court's order of February 2, the court said, "…the accused (justice Yadav) cannot claim an absolute right over every document collected during the investigation."

THE CASE
In August 2008, a parcel containing Rs. 15 lakh   allegedly meant for justice Nirmal Yadav of the Punjab and Haryana high court   had been handed over to justice Nirmaljit Kaur. On November 11, 2010, the high court had given the nod for justice Yadav's prosecution. On March 1, 2011, the President had granted her prosecution sanction.

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