Punjab and Haryana High Court allows CBI to examine 12 more witnesses in case against Justice Nirmal Yadav

The Punjab and Haryana High Court on Monday permitted the Central Bureau of Investigation (CBI) to examine or re-examine 12 witnesses before the trial court in the case against Justice Nirmal Yadav [Central Bureau of Investigation v. Ravinder Singh @ Ravinder Singh Bhasin and others]..Justice Yadav, a former judge of the High Court, is an accused in the famous cash at judge's door case. The High Court order comes at a time when the trial has almost concluded in the case.“After careful consideration of the submissions and settled principles of law, this Court finds that the … witnesses are necessary for just adjudication of the case coupled with the fact that no prejudice would be caused to the accused as the defence would get opportunity to rebut the evidence led by the witnesses summoned under Section 311 CrPC,” Justice Manjari Nehru Kaul said..The Court directed the CBI to examine the witnesses within four weeks and further asked the trial court to ensure that no unnecessary adjournments are granted. The defence shall also cooperate with the trial court in the expeditious conclusion of the trial, it added..The case against Justice Yadav originated in August 2008 when a bag containing ₹15 lakh was delivered at the residence of Justice Nirmaljit Kaur, then a sitting judge of the High Court The matter was reported by Justice Kaur's peon to the Chandigarh Police. The case was later transferred to the CBI. As per the prosecution, the money delivered by a clerk of former Haryana Additional Advocate General Sanjeev Bansal, was meant for Justice Yadav.In 2010, Justice Yadav was transferred to Uttarakhand High Court, where she retired a year later. .A Special Court in Chandigarh in 2014 framed charges against the accused. On February 14 this year, it deferred the proceedings to await the outcome of the present petition moved by the CBI against rejection of its request to examine 22 more witnesses. Setting aside the trial court decision, Justice Kaul on Monday said that the application under Section 311 of Code of Criminal Prosecution (CrPC) for witness examination cannot be rejected merely on the ground that it may delay the conclusion of trial.“Each application must be examined on its own merits to determine whether the evidence sought to be introduced is essential to the just decision of the case,” it added..In the present case, the Court said certain witnesses sought to be examined are not being introduced to cure a defect in the evidence but to prove facts that go to the root of the case of the prosecution.“Hence, the request for their examination cannot be rejected solely on the ground of purportedly filling lacunae,” it thus said.Accordingly, the Court allowed the examination of 12 witnesses. With regard to other witnesses, the Court said the CBI failed to establish their relevance or necessity.“As regards the remaining witnesses, the prosecution has failed to establish their relevance or the necessity of their reexamination.”.Special Public Prosecutor Akashdeep Singh represented the CBI.Senior Advocate SK Garg Narwana with advocate Vishal Garg Narwana and advocates GC Shahpuri, Sangram S Saron, Madhavrao Rajwade represented the accused.Note: An earlier version of the copy stated that only six witnesses were permitted to be examined by the High Court. The error is regretted..[Read Judgment]