CHANDIGARH: The Punjab and Haryana high court on Wednesday issued a notice to the CBI on a petition filed by Justice Nirmal Yadav (retired), an accused in cash-in-bag case, seeking photocopies of the record of ministry of law and justice pertaining to her prosecution sanction.
While issuing notice to the CBI for March 21, Justice Ranjit Singh asked CBI to file its reply on the demand of Yadav, who filed an appeal after a special CBI judge, Chandigarh, rejected her demand for the record on February 2. The special court had allowed her to inspect the documents but not allowed her to photocopy them.
In her appeal, justice Yadav claimed that the Code of Criminal Procedure (CrPc) came into force in 1973, when technology was not so advanced. In case of a voluminous record, inspection, rather than supply of copies, was a solution.
"Those were the days of manual typewriters. But over the years technology has progressed and providing copies of documents was now a matter of minutes due to efficient photocopiers," argued her counsel, adding that they are ready to bear the cost of photocopies of the record.
She also added that non-supply of documents was against the principles of natural justice, as these would be relied upon by the prosecution during the trial.
The scandal had come to the fore on August 13, 2008, after a clerk, allegedly sent by the then additional advocate general of Haryana, Sanjiv Bansal, dropped the money at the official residence of Justice Nirmaljit Kaur of the Punjab and Haryana high court. Later, an inquiry by CBI found that the money was meant for Justice Yadav.
Later, on March 4, 2011, CBI had filed charge sheet against Yadav, Bansal, Delhi based hotelier Ravinder Bhasin, Chandigarh based businessman Rajiv Gupta and Nirmal Singh for corruption, conspiracy, destroying evidence and creation of false evidence. The trial against all of these accused is pending with the special CBI court Chandigarh.
Cash-in-bag case: HC notice to CBI on Yadav's plea regarding prosecution sanction
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Cash-in-bag case: HC notice to CBI on Yadav's plea regarding prosecution sanction
