HC judge recuses himself from hearing plea of Nirmal Yadav

A Punjab and Haryana High Court judge today recused himself from hearing former HC judge Nirmal Yadav's plea against framing of charges by a CBI court in the 2008 cash-at-judge's door case.
Justice TPS Mann recused himself from the case without citing any reason, a day before Justice (retd) Yadav was to appear before the CBI court.
Now, Chief Justice Sanjay Kishan Kaul will refer the Yadav's revision petition against the orders of framing of charges to another Bench and the matter is expected to come up on Friday.
In the petition filed through counsel S K Garg Narwana, the former Judge has claimed that the CBI special public prosecutor had conceded in his arguments that there was "no direct evidence in the present case with regard to the motive, reward and delivery of the alleged amount".

She claimed that the trial court took note of all contentions raised by the prosecution, but failed to record that fact conceded by the special public prosecutor.
"Thus the entire approach of the trial court is illegal, erroneous and untenable in the eyes of law."

She further contended that the impugned order dated July 31 has been passed without appreciating her contentions.
A special CBI court on July 13 had ordered to frame charges against justice (retd) Yadav for her alleged involvement in the case.
"Neither the legal issues raised by the petitioner have been considered, nor has the judge below considered the evidence on record, which contradicts the stand of the prosecution," justice Yadav said.

She said: "Still further, some of the contentions of the petitioner, have not been recorded, or have been incorrectly recorded".
Seeking the quashing of the order, she said it was "unsustainable and untenable in the eyes of law and deserves to be set-aside".
The case had hit the headlines in August 2008, when a bag containing Rs 15 lakh in cash was "wrongly delivered" at the residence of Justice Nirmaljit Kaur, following which she reported the matter to the police.