A
Special CBI Court in Chandigarh today acquitted Justice Nirmal Yadav, who was
booked for allegedly receiving Rs.15 lakh in cash while serving as a Judge of
the Punjab and Haryana High Court in 2008.
The
verdict was pronounced by Special CBI Judge Alka Malik.
The case
dates back to August 2008, when a peon employed at the Punjab and Haryana High
Court, working under then-sitting Judge Justice Nirmaljit Kaur, filed a
complaint regarding the delivery of a suspicious bag containing Rs.15 lakh in
cash. According to the peon, the bag was mistakenly brought to Justice
Nirmaljit Kaur's courtroom. Upon discovering the large sum of cash, Justice
Kaur immediately raised an alarm and directed the authorities to apprehend the
individual who had delivered the bag.
Following
the incident, the matter was transferred to the Central Bureau of Investigation
(CBI). The prosecution alleged that the cash was originally intended for
delivery to Justice Nirmal Yadav's residence but was erroneously delivered to
Justice Nirmaljit Kaur instead. The CBI subsequently filed a chargesheet
against Justice Yadav, accusing her of corruption and misuse of office.
However,
after prolonged legal proceedings, the Special CBI Court concluded that the
prosecution failed to establish Justice Yadav's guilt beyond reasonable doubt.
Consequently, she was acquitted of all charges related to the Rs.15 lakh
cash case.
In
January 2009, the Central Bureau of Investigation (CBI) formally sought
permission to prosecute Justice Nirmal Yadav in connection with the Rs.15 lakh
cash delivery case. The CBI’s request was directed to the Punjab and Haryana
High Court, seeking sanction to initiate criminal proceedings against the
sitting judge.
After
nearly two years of deliberation, the High Court granted the sanction in
November 2010, clearing the way for the CBI to proceed with its case.
Justice
Yadav, however, challenged the CBI's request for sanction, contesting the
decision through legal means. She argued against the validity of the
prosecution's case and attempted to block the sanction approval. However, her
challenge was unsuccessful, and the permission for prosecution remained in
place.
Subsequently,
in March 2011, the office of the President of India formally approved the
prosecution sanction, providing the central agency with the final legal
clearance to pursue charges against Justice Yadav. Following the presidential
approval, the CBI filed a chargesheet against her, officially commencing the
criminal proceedings.
During
the course of these developments, Justice Yadav was transferred from the Punjab
and Haryana High Court to the Uttarakhand High Court in February 2010. She
continued to serve as a judge there until her retirement in March 2011.
Justice
Nirmal Yadav had initially moved the Punjab and Haryana High Court, seeking
directions to quash the criminal proceedings initiated against her in
connection with the ₹15 lakh cash case. She contended that the charges were baseless and
lacked substantial evidence. However, her plea was rejected by the High Court,
which allowed the trial to proceed.
Following
this setback, Justice Yadav approached the Supreme Court, challenging the High
Court’s order. She argued before the apex court that the case against her was
entirely devoid of evidence and maintained that the trial court should be
restrained from framing charges. She claimed that the proceedings were
unjustified and sought a stay on the criminal trial.
However,
the Supreme Court was not convinced by her arguments. In 2014, the apex court
dismissed Justice Yadav's plea, refusing to stay the trial court proceedings.
The Supreme Court not only rejected her request but also reprimanded her for
allegedly employing delay tactics.
A bench
led by Justice H.L. Dattu observed that Justice Yadav had filed multiple
petitions in various courts, which appeared to be a deliberate strategy aimed
at stalling the trial. The bench noted that such repeated legal challenges were
obstructing the course of justice and contributing to unnecessary delays in the
2008 corruption case. Consequently, the Supreme Court cleared the way for the
trial court proceedings to continue without further interruption.
In 2014,
Special CBI Court Judge Vimal Kumar formally framed charges against Justice
Nirmal Yadav in connection with the Rs.15 lakh cash case. She was charged under
Section 11 of the Prevention of Corruption Act, 1988, which pertains to a
public servant obtaining valuable items or pecuniary advantages without
adequate consideration. Alongside her, four other individuals were charged
under various sections of the Indian Penal Code (IPC), including Section 120-B,
which deals with criminal conspiracy.
During
the course of the trial, the prosecution referred to a total of 84 witnesses to
substantiate its case. However, only 69 witnesses were ultimately examined
before the trial court. Despite this, the Central Bureau of Investigation (CBI)
sought permission to re-examine several witnesses to strengthen its case.
In
February of this year, the Punjab and Haryana High Court allowed the CBI to
re-examine 10 key witnesses, providing the prosecution with an opportunity to
present additional evidence. The High Court also directed the trial court to
ensure that unnecessary adjournments were not granted, emphasizing the need for
expeditious proceedings.
Following
the conclusion of the witness examination and legal arguments, the Special CBI
Court reserved the matter for its final verdict on Thursday, March 27, 2025.
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