A Special CBI Court in Chandigarh today acquitted Justice Nirmal Yadav, who was booked for allegedly receiving Rs.15 lakh in cash while serving as a Judge of the Punjab and Haryana High Court in 2008.
The verdict was pronounced by Special CBI Judge Alka Malik.
The case dates back to August 2008, when a peon employed at the Punjab and Haryana High Court, working under then-sitting Judge Justice Nirmaljit Kaur, filed a complaint regarding the delivery of a suspicious bag containing Rs.15 lakh in cash. According to the peon, the bag was mistakenly brought to Justice Nirmaljit Kaur's courtroom. Upon discovering the large sum of cash, Justice Kaur immediately raised an alarm and directed the authorities to apprehend the individual who had delivered the bag.
Following the incident, the matter was transferred to the Central Bureau of Investigation (CBI). The prosecution alleged that the cash was originally intended for delivery to Justice Nirmal Yadav's residence but was erroneously delivered to Justice Nirmaljit Kaur instead. The CBI subsequently filed a chargesheet against Justice Yadav, accusing her of corruption and misuse of office.
However, after prolonged legal proceedings, the Special CBI Court concluded that the prosecution failed to establish Justice Yadav's guilt beyond reasonable doubt. Consequently, she was acquitted of all charges related to the Rs.15 lakh cash case.
In January 2009, the Central Bureau of Investigation (CBI) formally sought permission to prosecute Justice Nirmal Yadav in connection with the Rs.15 lakh cash delivery case. The CBI’s request was directed to the Punjab and Haryana High Court, seeking sanction to initiate criminal proceedings against the sitting judge.
After nearly two years of deliberation, the High Court granted the sanction in November 2010, clearing the way for the CBI to proceed with its case.
Justice Yadav, however, challenged the CBI's request for sanction, contesting the decision through legal means. She argued against the validity of the prosecution's case and attempted to block the sanction approval. However, her challenge was unsuccessful, and the permission for prosecution remained in place.
Subsequently, in March 2011, the office of the President of India formally approved the prosecution sanction, providing the central agency with the final legal clearance to pursue charges against Justice Yadav. Following the presidential approval, the CBI filed a chargesheet against her, officially commencing the criminal proceedings.
During the course of these developments, Justice Yadav was transferred from the Punjab and Haryana High Court to the Uttarakhand High Court in February 2010. She continued to serve as a judge there until her retirement in March 2011.
Justice Nirmal Yadav had initially moved the Punjab and Haryana High Court, seeking directions to quash the criminal proceedings initiated against her in connection with the ₹15 lakh cash case. She contended that the charges were baseless and lacked substantial evidence. However, her plea was rejected by the High Court, which allowed the trial to proceed.
Following this setback, Justice Yadav approached the Supreme Court, challenging the High Court’s order. She argued before the apex court that the case against her was entirely devoid of evidence and maintained that the trial court should be restrained from framing charges. She claimed that the proceedings were unjustified and sought a stay on the criminal trial.
However, the Supreme Court was not convinced by her arguments. In 2014, the apex court dismissed Justice Yadav's plea, refusing to stay the trial court proceedings. The Supreme Court not only rejected her request but also reprimanded her for allegedly employing delay tactics.
A bench led by Justice H.L. Dattu observed that Justice Yadav had filed multiple petitions in various courts, which appeared to be a deliberate strategy aimed at stalling the trial. The bench noted that such repeated legal challenges were obstructing the course of justice and contributing to unnecessary delays in the 2008 corruption case. Consequently, the Supreme Court cleared the way for the trial court proceedings to continue without further interruption.
In 2014, Special CBI Court Judge Vimal Kumar formally framed charges against Justice Nirmal Yadav in connection with the Rs.15 lakh cash case. She was charged under Section 11 of the Prevention of Corruption Act, 1988, which pertains to a public servant obtaining valuable items or pecuniary advantages without adequate consideration. Alongside her, four other individuals were charged under various sections of the Indian Penal Code (IPC), including Section 120-B, which deals with criminal conspiracy.
During the course of the trial, the prosecution referred to a total of 84 witnesses to substantiate its case. However, only 69 witnesses were ultimately examined before the trial court. Despite this, the Central Bureau of Investigation (CBI) sought permission to re-examine several witnesses to strengthen its case.
In February of this year, the Punjab and Haryana High Court allowed the CBI to re-examine 10 key witnesses, providing the prosecution with an opportunity to present additional evidence. The High Court also directed the trial court to ensure that unnecessary adjournments were not granted, emphasizing the need for expeditious proceedings.
Following the conclusion of the witness examination and legal arguments, the Special CBI Court reserved the matter for its final verdict on Thursday, March 27, 2025.
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