Friday, March 4, 2011

CBI files chargesheet against Justice Nirmal Yadav

March 04, 2011,New Delhi:

On the day that she was meant to retire, a chargesheet has been filed against Justice Nirmal Yadav of the Uttarakhand High Court for corruption.

President Pratibha Patil allegedly sanctioned Justice Yadav\'s prosecution on February 28.

Justice Yadav is being investigated by the CBI for corruption. In 2008, Justice Yadav was serving at the Punjab and Haryana High court when Rs. 15 lakh was offered as a bribe to another woman judge in the same court - that was allegedly a mistake made by a businessman who wanted Justice Yadav to rule in his favour.

The sanction to prosecute a sitting High Court judge can only be given by the President who is the appointing authority. The President usually consults the Chief Justice of India (CJI) for whether to proceed. In this case, Justice SH Kapadia advised her to proceed.

CJI KG Balakrishnan, who has retired and is now himself being accused of corruption, had formed a three-judge committee to probe the allegations. In December 2008, that committee reportedly recommended action against Justice Yadav, who challenged the findings, terming them biased.

Since then, the case against Justice Yadav has remained suspended, with the CBI waiting for permission to begin formal proceedings against her.

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