New Delhi, September 10, 2012
A bench of Justice HL Dattu and Justice CK Prasad, however,
allowed Yadav to raise all her objections before the trial court and asked the lower court to decide the case against her without being influenced by the high court’s verdict allowing her criminal prosecution.
Senior advocate KTS Tulsi, appearing for Yadav, said she was not provided with the material on the basis of which the HC had decided the case against her.Yadav had appealed against the HC order that dismissed her plea contesting grant of sanction for her prosecution in the case. In her petition before the HC, the former judge had sought quashing of the CBI chargesheet against her, alleging that Chief Justice of India (CJI) SH Kapadia had no power to recommend sanction to prosecute her as it was denied by the previous CJI, KG Balakrishnan.
Dismissing her plea on November 14, the HC had said that the former CJI had not passed any order declining the prosecution sanction and records confirmed that Justice Kapadia had examined the question of sanction against her for the first time.
Yadav got embroiled in a controversy after Rs. 15 lakh was delivered at the residence of another judge, Justice Nirmaljit Kaur, on August 13, 2008. Justice Kaur reported the matter to the Chandigarh Police. The money, allegedly meant for Yadav, was delivered at Justice Kaur’s residence by mistake. The former judge denied the allegations.The HC had also rejected Yadav’s plea, saying she cannot claim any special right merely because she had occupied the high constitutional office. The CBI had filed a chargesheet against her on March 4 last year, a day after Yadav, then posted as judge of the Uttarakhand high court, retired.
An FIR was lodged against Yadav on August 13, 2008 under the provisions of the Prevention of Corruption Act on a complaint by Justice Kaur’s peon.