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LATEST NEWS UPDATES | Cash-for-judge: HC Bar flays CJI by Ajay Sura

Cash-for-judge: HC Bar flays CJI by Ajay Sura

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published Published on Feb 9, 2010   modified Modified on Feb 9, 2010

The Bar Association of Punjab and Haryana High Court passed a resolution on Tuesday, condemning the Chief Justice of India (CJI) KG Balakrishnan and former Attorney General (AG) of India, Milon Banerjee for giving a clean chit to the controversial high court judge, Nirmal Yadav in the cash-in-bag scam.

The CJI has been condemned by the Bar for his "willful and palpable abdication of duty" in denying sanction for prosecution of Justice Nirmal Yadav, based on the opinion of the Attorney General for India.

AG was condemned for his opinion, holding that no case is made out against Justice Nirmal Yadav.

The scam had broken out after in August 2008, when a bag containing Rs 15 lakh was delievered by the clerk of the then additional advocate general of the Haryana High Court at the house of Justice Nirmaljit Kaur. Later, it was found that the money was meant for another judge, Justice Nirmal Yadav. However, the CBI, which investigated the case, filed a closure report in December last year saying that the it had not got clearance from the CJI and former AG to continue with the case.

The resolution was passed at a specially convened general house of the high court bar.

While rejecting the closure report filed by the CBI in the scam as "grave and flagrant miscarriage of justice," the association said it expects the special judge, CBI, Chandigarh to rise to the occasion and to do his duty as per law and to decide the matter fairly and judiciously.

The association also authorized advocate Anupam Gupta, who has been associated with this case from the very beginning, to represent the bar association along with the other counsels before the special judge, CBI. Chandigarh in opposing the closure report and assisting the court in proceeding with the prosecution and trial of justice Nirmal Yadav and the other accused.

Decision was also taken to authorize the executive committee of the bar to nominate an 11-member committee, to call upon the President of India and the Union law minister to convey the concern of the association over the "miscarriage of justice that has been caused by the CBI’s closure report."

The general house met for over one-and-half-hour on Tuesday. The resolution, presented by bar president SS Behl, was passed by an overwhelming majority against the dissent of two members only.

"The opinion of AG procured by the then union government best represents the view of the government of India but it cannot represent the view of the CJI," said lawyer Anupam Gupta.


The Times of India, 10 February, 2010, http://timesofindia.indiatimes.com/india/Cash-for-judge-HC-Bar-flays-CJI/articleshow/5554244.cms
 

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