NIRMAL YADAV Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Inherent jurisdiction of this Court under Section 482 Cr.P.C. has been invoked seeking quashment of the sanction order dated 1.3.2011 passed by the President of India for prosecution of the petitioner in R.C.No.AC2/2008-A/004 with a further prayer for quashment of the charge-sheet dated 4.3.2011 presented against the petitioner in the court of Special Judge (CBI Court), Chandigarh as also the order of the Special Judge dated 18.4.2011 taking cognizance of the charge-sheet under Section 173 of the Cr.P.C.

(2.) The petitioner is a former Judge of this Court who was later transferred to the High Court of Uttrakhand. An FIR No.250 of 2008 was registered at Police Station, Sector 11, Chandigarh under Sections 11 and 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ''the Act''), Section 120-B read with Sections 192, 196, 199 and 200 of the Indian Penal Code on the complaint of one Amrik Singh, Peon of Hon'ble Ms. Justice Nirmaljit Kaur against Shri Sanjeev Bansal, an Advocate practising at Chandigarh, Shri Ravinder Singh resident of Delhi, Shri Rajiv Gupta, resident of Panchkula, Shri Nirmal Singh, resident of Panchkula and Justice Mrs. Nirmal Yadav, the then Judge of Punjab and Haryana High Court, petitioner herein. Initially, the case was investigated by the Chandigarh Police, however, the case was transferred to CBI, pursuant to a DO letter dated 26.8.2008 from the then Governor of Punjab and Administrator of UT. Chandigarh.

(3.) The CBI conducted the investigation in the matter. During the course of investigation, the CBI claims to have collected material and evidence against the accused persons. Since the matter pertains to allegations against a sitting High Court Judge, the then Hon'ble Chief Justice of India, constituted a three members committee comprising of Hon'ble Mr. Justice H.L. Gokhale, the then Chief Justice of Allahabad High Court, presently Judge of Hon'ble Supreme Court, Justice K.S. Radhakrishnan, the then Chief Justice of Gujarat High Court, presently, Judge of Hon'ble Supreme Court and Justice Madan B. Lokur, the then Judge of Delhi High Court, presently Chief Justice Gauhati High Court in terms of In-House procedure adopted by Hon'ble Supreme Court on 7.5.1997. The order dated 25.8.2008 constituting the Committee also contains the terms of reference of the Committee. The Committee was asked to enquire into the allegations against Justice Mrs. Nirmal Yadav, Judge of Punjab and Haryana High Court revealed, during the course of investigation in the case registered vide FIR No.250 of 2008 dated 16.8.2008 at Police Station, Sector 11, Chandigarh and later transferred to CBI. The Committee during the course of its enquiry examined the witnesses and recorded the statements of as many as 19 witnesses, including Mrs. Justice Nirmal Yadav (petitioner), Ms. Justice Nirmaljit Kaur, Sanjiv Bansal, the other accused named in the FIR and various other witnesses. The Committee also examined various documents, including data of phone calls exchanged between Mrs. Justice Nirmal yadav and Mr. Ravinder Singh and his wife Mohinder Kaur, Mr. Sanjiv Bansal and Mr. Ravinder Singh, Mr. Rajiv Gupta and Mr. Sanjiv Bansal. On the basis of evidence and material before it, the Committee of Hon'ble Judges has drawn an inference that the money delivered at the residence of Hon'ble Ms. Justice Nirmaljit Kaur was in fact meant for Ms. Justice Nirmal Yadav.