The Supreme Court today dismissed the plea of former Punjab and Haryana High Court judge Nirmal Yadav for review of sanction granted for her criminal prosecution in the 2008 cash-at-judge's door scam.
The apex court said there should not be any hurdle for the trial court to go agead with the issue of framing of charges against Yadav and other accused in the case.
"Why not the trial judge frames charges? It can't go on like this," a bench comprising justices H L Dattu and Dipak Misra said.
"You can raise the question of sanction in the trial court," the bench said when Yadav's counsel and senior advocate K T S Tulsi submitted that the sanction for prosecution of the former judge was illegal.
Yadav had challenged the order of the Punjab and Haryana High Court which had dismissed her plea contesting grant of sanction for her prosecution in the case.
The apex court had on September 10, last year refused to quash criminal proceedings against Yadav by asking her to raise all her objections before the trial court.
Earlier in the high court, Yadav had sought quashing of the charge sheet filed by CBI against her contending that then Chief Justice S H Kapadia had no power to recommend sanction to prosecute her as it was denied by his predecessor Justice K G Balakrishnan.
The high court, while dismissing her plea on November 14, 2011, had said that former CJI Balakrishnan had not passed any order declining the prosecution sanction and records confirmed that Justice Kapadia had examined the question of sanction against her for the first time.
