As ordered by the special CBI Court, Justice (Retd) Nirmal Yadav, chargesheeted in the cash-at-judge’s-door scam, appeared before special CBI Judge Vimal Kumar on Tuesday.
Citing health grounds, Justice Yadav had sought exemption from appearance on the last date of hearing. This was strongly objected to by special CBI public prosecutor Anupam Gupta. Raising eyebrows over the authenticity of the medical certificate produced by her, Gupta had sought a probe.
When Justice Yadav appeared in the court on Tuesday, her counsel requested the special CBI judge to defer the hearing of the case as Yadav had petitioned the High Court against the CBI court’s order. On July 31, the special CBI court had ordered that charges would be framed against Justice Yadav and other accused on August 12. But as Yadav did not appear on the said date, the court deferred the case to Tuesday to decide on framing of charges. Meanwhile, Yadav moved the High Court against the said order.
In a related development, Justice T P S Mann on Monday recused himself from hearing the petition filed by Yadav.
When the trial came up for resumed hearing on Tuesday, CBI prosecutor Gupta demanded that charges be framed as it would not affect the petition filed by Yadav in the High Court.
However, Yadav’s counsel sought time to see the outcome of her petition in the High Court. Keeping in view “the nature of the case” and “in interest of justice”, the special CBI judge deferred the case to September 16, and charges were not framed.
Yadav’s counsel gave an oral undertaking that Yadav would remain present on the next date of hearing if the High Court refused to stay the proceedings or did not grant any relief on her petition.