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HindustanTimes Mon,20 Oct 2014

SC rejects Yadav's plea for stay on framing of charges

PTI  New Delhi, January 03, 2014
First Published: 12:29 IST(3/1/2014) | Last Updated: 23:15 IST(3/1/2014)

 The Supreme Court on Friday dismissed former Punjab and Haryana high court judge Nirmal Yadav's petition to stay trial court proceedings against her in the cash-at-judge's-door scam, while pulling her up for adopting delaying tactics. The trial court is set to frame charges against the retired judge.

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A bench headed by justice HL Dattu took strong exception to Yadav's move to file multiple petitions in various courts to delay the trial court proceedings in the 2008 case. The observations were made when her counsel contended that there was no evidence against Yadav and sought a restraining order against the trial court from framing charges against her.

Justice Dattu was not satisfied with Yadav's plea and dismissed her appeal, challenging the Punjab and Haryana high court's November 22, 2013, order that rejected her plea against the trial court's proceedings.
Yadav had moved the high court against the orders of the special CBI judge, Chandigarh, who had given the go-ahead for her prosecution in the case. On July 31, 2013, the trial court had ordered framing of charges against Yadav.

Controversy erupted in the high court after Rs. 15 lakh were delivered at the residence of justice Nirmaljit Kaur, another judge of the Punjab and Haryana high court, on August 13, 2008. Justice Kaur reported the matter to the Chandigarh police. During the police investigation, it was found that the money was allegedly meant for Yadav, but was accidentally delivered at justice Kaur's house due to confusion over their names.

The chargesheet was filed against her by the CBI in the special court on March 4, 2011, the day Yadav retired as Uttarakhand high court judge.

Earlier, the agency had filed a closure report in the case on the ground that the prosecution sanction had been declined. The special judge, however, declined to accept the report.

Timeline
August 13, 2008: Rs. 15 lakh wrongly delivered at residence of justice Nirmaljit Kaur, a judge of the Punjab and Haryana high court
August 28, 2008: CBI registers FIR
December 17, 2009: CBI files closure report
March 1, 2011 President grants sanction for prosecution of justice Nirmal Yadav
March 4, 2011: CBI files chargesheet; Yadav retires from Uttarakhand high court
July 31, 2013 Trial court orders framing of charges against Yadav.
Jan 3, 2014 Supreme Court dismisses Yadav's plea for stay on trial court proceedings

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