CJI in cash-in-bag storm

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.