NEW DELHI, July 2:
A Supreme Court judge today recused himself from hearing the petition filed by former Punjab and Haryana High Court judge Nirmal Yadav seeking quashing of proceedings against her in the 2008 cash-at- judge’s door case.
Justice S S Nijjar, who was heading a bench along with Ranjana Prakash Desai, opted himself out from hearing Justice Yadav’s petition.
The bench referred the matter to the Chief Justice of India for allocating it before an appropriate bench.
Earlier, on April 13, Justice J S Khehar, who was a part of the bench headed by Justice B S Chauhan, had recused himself from hearing the matter.
Justice Yadav has sought quashing of the chargesheet filed by CBI against against her on the ground that CJI S H Kapadia has no power to recommend sanction to prosecute her as it was denied by the previous CJI K G Balakrishnan.
She moved the apex court challenging the Punjab and Haryana High Court’s order dismissing her plea contesting grant of sanction for her prosecution in the case.
The President had granted prosecution sanction on March 1, 2011.The Punjab and Haryana High Court was rocked by the controversy after a sum of Rs 15 lakh was delivered at the residence of Justice Nirmaljit Kaur, another judge of the High Court, on August 13, 2008, following which she reported the matter to Chandigarh Police.
The money, allegedly meant for Yadav, was said to have been delivered to Kaur due to confusion over their names.
The High Court had rejected Yadav’s plea on November 14 last year saying that she cannot claim any special right merely because she had occupied the high constitutional office. (PTI)
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