Charges filed against HC judge

The Central Bureau of Investigation on Friday finally filed its chargesheet against high court judge Nirmal Yadav and four others in a sensational 2008 bribery scandal widely known as the “cash-at-judge’s-door” scam.
Filed in Chandigarh’s CBI special court, the chargesheet against Justice Yadav, who served her last day in office at the Uttarakhand high court on Thursday, follows President Pratibha Patil’s recent decision to sanction prosecution.
In December 2009, the CBI had sought to close the case after being denied prosecution sanction by the Supreme Court. But the then CBI judge, Darshan Singh, rejected the closure report and ordered CBI to re-investigate.
Now, Justice Yadav, former Haryana additional advocate-general Sanjiv Bansal, Delhi hotelier Ravinder Singh, their associate Rajiv, and legal clerks Prakash Ram and Nirmal Singh have been charged under the Prevention of Corruption Act, and with conspiracy and destruction of evidence under the IPC. Special judge Ritu Tagore posted the matter for its primary hearing on April 6.
The case came to light in August 2008, when Mr Bansal’s munshi (clerk), Prakash Ram, allegedly delivered a packet containing `15 lakhs in cash to the Chandigarh residence of Punjab and Haryana high court judge Nirmaljit Kaur, who immediately reported the matter to the police.
Investigations suggested the cash was allegedly meant for Justice Nirmal Yadav (also then at the Punjab & Haryana HC) and was wrongly delivered because the clerk had confused the judges because of their similar-sounding first names. Another packet containing an identical sum was later allegedly delivered to her.
A CBI spokesman said, “The CBI investigation established that the then high court judge, being a public servant, in the capacity of a judge of the Punjab and Haryana HC obtained an amount of `15 lakhs and other valuable things without consideration from a private person (first), she knew to be interested in another private person (second) from whom also she had obtained an air ticket.”
Interrogation of suspects followed up by investigations in neighbouring Himachal Pradesh also indicated that the cash was intended to finance the purchase of land in Solan district.
The matter was also investigated by a panel of senior Supreme Court judges, and though their report was never made public, Justice Yadav was eventually transferred to Uttarakhand following an extended period of leave.
Along with its chargesheet naming Justice Yadav, the CBI has appended a three-page letter wherein the President has sanctioned her prosecution. The agency is expected to also submit detailed documentary evidence before the April 6 hearing.

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