The Supreme Court, in a notable decision, declined to dismiss the case against Justice Nirmal Yadav concerning the 2008 incident of money delivery at a residence of a Punjab and Haryana High Court judge. During that period, Justice Nirmal Yadav was serving as a judge at this prestigious court.
On Monday, a bench comprising Justice H L Dattu and Justice Chandramauli Kumar Prasad assured that Justice Nirmal Yadav is permitted to present her objections before the trial court hearing this matter. They further instructed the lower court to make its decision unaffected by the High Court's permission to proceed against Justice Yadav.
Senior advocate K T S Tulsi, representing Justice Nirmal Yadav, argued that the materials based on which the High Court decided against her were not provided to her.
Justice Yadav has challenged the High Court’s decision allowing her prosecution in the Supreme Court. At the High Court level, Justice Yadav petitioned for the dismissal of the CBI's charge sheet, claiming that Chief Justice S H Kapadia lacked the authority to allow her prosecution as his predecessor, Chief Justice K G Balakrishnan, had previously denied such permission.
