New Delhi, January 3
The Supreme Court today dismissed former Punjab and Haryana High Court judge Nirmal Yadav’s petition challenging the trial court decision to frame charges against her in the corruption case involving payment of Rs 15 lakh in cash on August 13, 2008.

“We do not see any reason to interfere at the stage of framing of charges,” a Bench comprising Justices HL Dattu and C Nagappan remarked while rejecting her plea.

Justice Yadav’s counsel contended that the case against his client was a “case of no evidence” as the CBI had filed the chargesheet without gathering any relevant material.

Unconvinced, the Bench said “if there is no evidence, she will get a clear acquittal” and refused to stay the trial. Pointing out that the case dated back to 2008, the Bench said being a retired HC Judge, Justice Yadav should not wage several rounds of legal battles by challenging each and every move of the trial court in the HC and the SC. This would not be allowed even in cases involving ordinary litigants, it clarified.

Citing several SC judgments, her counsel pleaded that the framing of charges, slated for January 18 in the trial court, should be deferred until the hearing of a review plea in the HC on January 22. The CBI had initially filed a closure report in the case maintaining that there was no evidence against her, but subsequently filed a chargesheet without gathering any additional material at the instance of the trial court, he contended.

“A former high court judge is being harassed despite the fact there is no evidence,” the advocate contended. As the Bench made it clear that there was no question of its interference in the case, he sought to withdraw the plea. “After hearing the arguments for so much of time, we will not permit you to do that,” the apex court said. On July 5, 2013, the SC had dismissed her petition challenging the sanction given to the CBI to prosecute her.