Justice TPS Mann of the Punjab and Haryana high court recused from hearing the revision petition, on Monday, filed by former high court judge Nirmal Yadav challenging Chandigarh special CBI court's order regarding framing of charges against her and three others in judge bribery case of August 2008.
The case would now come up for hearing before some other bench of the high court.
Justice Mann had on November 16, 2007, heard the controversial case regarding a plot dispute in Panchkula, which was later heard by justice Yadav.
As per the allegations, advocate Sanjiv Bansal had bribed justice Yadav with Rs. 15 lakh through Ravinder Singh for giving a favourable decision in this case.
The former judge has also sought directions for staying further proceedings of the case before the court of special judge, CBI, as the CBI court is likely to frame charges on the next date of hearing.
The special CBI court in its orders on July 31 had ordered framing of charges against justice Yadav, advocate Sanjiv Bansal, Ravinder Singh, Rajiv Gupta and Nirmal Singh.
The court was informed that neither the legal issues raised by the petitioner had been considered nor the evidence on record that contradicts the stand of the prosecution.
The petition reads that the CBI court had failed to record that the prosecution counsel had conceded in its arguments that there was no direct evidence in the present case with regard to the motive, reward and delivery of the alleged amount (Rs 15 lakh).
It has been submitted that the court can frame charge only on grave suspicion and not on the basis of mere suspicion as laid down by the Supreme Court and the high court from time to time.
The entire record even if read as per the version of the prosecution did not depict grounds for drawing suspicion, what to say of the grave suspicion, it has been alleged.