CJI in cash-in-bag storm

Bar&Bench News Network On February 17, 2010 - 5:02pm

The Bar Association of the Punjab & Haryana High Court has criticized CJI K.G. Balakrishnan and former Attorney General, Milon Banerjee for having given a clean chit to Justice Nirmal Yadav in the cash-in-bag scam.

K.G. Balakrishnan, the Chief Justice of India is in the eye of yet another storm. The Bar Association of the Punjab & Haryana High Court passed a resolution yesterday, condemning him and former Attorney General, Milon Banerjee for having given a clean chit to Justice Nirmal Yadav, in the ‘cash-in-bag’ scam.

The scam broke out in August 2008, when a bag containing Rs. 15 lakh ($32,500) to the then Additional Attorney General, Justice Nirmaljit Kaur. It was discovered later that the money was meant for Justice Nirmal Yadav. Soon after the scam came to light, the CJI appointed a three-judge committee to inquire into the matter. The Central Bureau of Investigation had registered a case under the Indian Penal Code and obtained permission from the CJI to examine Justices Kaur and Yadav and sent the preliminary report to former Attorney General, Milon Banerjee for his opinion.

Mr. Banerjee concluded that there was insufficient evidence to initiate prosecution against Justice Yadav and the Ministry for Law, concurring with the opinion, dropped the prosecution for lack of evidence. The three-member collegium headed by the CJI accepted the Ministry’s report.

The Bar Association that met yesterday rejected the report of the CBI, as a ‘grave and flagrant miscarriage of justice’. Anupam Gupta, has been appointed to lead the counsels to represent the Bar Association before the Special Judge of the CBI. The Association is expected to nominate a committee to lobby with the concerned. President of the Punjab & Haryana Bar Association and Anupam Gupta were not available for comment.

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Comments

HEMANT KUMAR AD...

February 17, 2010 - 6:02pm

YOUR LORDSHIP, PLEASE IT is really unfortunate that much -hyped "Cash at Judge's Door" case of Chandigarh which surfaced in August, 2008 pinpointing alleged unholy nexus existing between certain notorious members of bar and bench would soon become another unsolved closed chapter in the bibliography of cases relating to judicial impropriety and misdemeanor, thanks to denial of sanction of prosecution to Central Bureau of Investigation (CBI) by Hon'ble Chief Justice of India acting on the basis of advice tendered by learned Attorney General of India through Union Law Ministry. Though the CBI has been maintaining that it has got sufficient evidence to proceed in the matter, but for want of sanction it is compelled to file closure report in the case. Even a peer committee comprising three senior high court judges as constituted by CJI soon after scam came to light had found prima facie evidence to move against the an indicted judge after which a show cause notice was also issued but in vain. The question which would remain to haunt public at large is that why the case is being given a diplomatic burial like this. The Apex Court is not bound by the advice or opinion of Law Ministry or Attorney General. As the case involves the repute of two senior judges of High Court, the case should be thoroughly investigated under constant monitoring by SC. The truth ought to come out and all found guilty should be brought to book. The infamous "Ghaziabad PF Scam" (2008) involving members from all three tiers of judiciary is also moving at snails' pace especially after the mysterious death of main kingpin, Ashutosh Asthana in jail last year. The reason why eminent jurists, legal intellectuals and other intelligentsia of society have been losing faith and trust on internal corrective mechanism of judiciary is because of lackadaisical approach adopted by Apex Court in taking such sordid cases to their logical conclusion.

srinivasrav kandaala

February 17, 2010 - 10:11pm

We can easily know that P D Dinakarans case is also followed Nirmal yadav!s case.Who is sanctioning authority to CBI? CJI or Law ministry?Its all seek and hide game.But it is very bad that present CJI is looking like abhinava Dhritarastra.thatswhy courts are loosing credibility which harms nations interest finally...srinivasrav kandaala.

chand chopra

February 18, 2010 - 7:26am

Its because of repeated instances like these that people are losing credibility in the judiciary.. there has to be some accountability.. they cant just do anything they please and not be responsible for their actions..while i agree that governmental interference is not a good thing but the rate at which our judicial standards are declining, governmental supervision seems to be the only solution..

BIBHU KALYAN PA...

February 20, 2010 - 5:59am

The present decission to accept the recomendation by the Apex Court to close the matter creats a state of confusion in the mind of public.Its high time to think for a change in the system of appointment of judges in the HIGH COURT and The Apex Court to maintain transperency.

motty john

February 21, 2010 - 2:16pm

"Whatever be the boasted accountability and transparency of the judiciary they must ensure it in letter and spirit that the 'ceasar's wife is above all suspicion'

Dr B K Sivaji

February 21, 2010 - 7:45pm

I start messages from your web regularly. Really it is informative and interesting in many legal matters.

yashpal

February 21, 2010 - 8:47pm

It's time to re-assess the appointment procedure of the judges in high court and supreme court as well. further procedure of taking action against also to be reconsidered

rajendra babbar...

February 23, 2010 - 7:07pm

it is hightime that the there must be national level agenda for fighting and irredicating the corruption taking it to be a serious crime. Such persons ought to be sicially bycotted also.