Retired HC Judge Nirmal Yadav gets time to move Supreme Court

A special CBI Court here today allowed over two weeks time to former Punjab and Haryana High Court Judge Nirmal Yadav, an accused in cash-at-judge's door scam, to move Supreme Court to challenge a recent HC order which had refused to stay the trial in the five-year-old case.
Nirmal Yadav and four other accused in the case were present in the CBI Court here today.
The framing of charges which was expected to be done today by the CBI court against all the accused have now been put off, with the case being adjourned by Special CBI Judge Vimal Kumar to December 12.

Justice Yadav's counsel S K Garg Narwana moved an application before the CBI court on her behalf, mentioning that she has received the certified copy of High Court's November 22 order only today and she proposes to challenge it before the Supreme Court.
Narwana requested for adjournment for three weeks, but senior advocate and CBI's Special Public Prosecutor, Anupam Gupta strongly opposed it, saying it was yet another "delaying tactics" being adopted by the former Judge.
However, Justice Yadav's counsel said, "There is no question of adopting any delay tactics. I pray for some more time. I have been appearing before the Court regularly. I am bound to appear, I am not running away and I am prepared to give an undertaking (to remain present on next hearing)."

The Special Judge after hearing the arguments allowed the application, in the "interest of justice, equity and good conscience", observing that it is a well-settled principle of law that justice must not only be done, but also must seem to be done.

The special CBI court had recently summoned Yadav and other accused in the case for framing of charges against them for today following which Justice Yadav had approached the High Court seeking stay on trial court's order.
However, on Friday, the Punjab and Haryana High Court had refused to stay the cash-at-judge's door trial while dismissing an application filed by its former Judge, Justice Yadav, who had sought a stay on the trial in the special CBI court at Chandigarh for framing of charges in the case.

The High Court had also turned down Yadav's request to grant two weeks time to challenge the order in the Supreme Court and asked her to put the same request before the special CBI court.