to prosecute her
R. Sedhuraman/Legal Correspondent
New Delhi, January 23
“The report has been sent to the Chief Justice of India (K.G. Balakrishnan) and the Ministry of Personnel upon completion of the investigation,” a CBI spokesman confirmed, but refused to divulge the contents.
The CJI has already served notice on Justice Yadav, asking her to show cause as to why action cannot be taken against her for her alleged involvement in the August 13, 2008 scam.
The notice was issued last month in the light of the report of a three-judge committee set by him to go into the issue separately in addition to the CBI probe ordered by Punjab Governor SFR Rodrigues in consultation with HC Chief Justice Tirath Singh Thakur.
In her response to the notice, Justice Yadav had denied receiving the money and asked for all the documents (preferably by January 14), based on which the charges were levelled against her.
The committee comprising Chief Justices Hemant Laxman Gokhale of the Allahabad High Court and KS Radhakrishnan of the Jammu and Kashmir High Court and Delhi High Court judge Madan B Lokur had submitted its report to the CJI on December 12, apparently indicting her.
The case pertains to allegations that a bribe of Rs 15 lakh meant for Justice Yadav was by mistake delivered at the residence of Justice Nirmaljit Kaur. Justice Nirmaljit Kaur had lodged a police complaint on August 13, stating that senior Haryana law officer Sanjeev Bansal had delivered the cash. The case was subsequently handed over to the CBI.
It has also been alleged that another suitcase containing Rs 15 lakh was delivered to Justice Yadav the following day (August 14).
Law Ministry sources said the CBI’s request for permission to prosecute the tainted judge would be forwarded to Rashtrapati Bhavan as the President is the appointing authority whose consent is necessary for proceeding against such constitutional functionaries.