Haryana Finance Minister and his judge sister bent norms for land deal: probe

The other co-purchasers include Captain Ajay Yadav,his wife Shakuntala,son and daughter Chirnjiv and Latika and Delhi businessman Ravinder Singh,a close friend of Justice Yadav and the alleged conduit for the Rs 15 lakh that was allegedly paid to her.

These are the key findings of a three-judge committee — set up by then Chief Justice of India K G Balakrishnan — that was led by Justice H L Gokhale,then Chief Justice of the Allahabad High Court,which probed the judge bribery case. Its report,so far kept confidential,has been obtained by The Sunday Express.

The report claims that Justice Yadav “tried to hide her identity” by signing in different ways in different places. The purpose: to get around the prohibition laid down for registration of land to non-agriculturists and non residents under the Himachal Pradesh Tenancy and Land Reforms Act,1972.

The report underlines how pressure was used. “Tehsildar Satish Kumar states that Captain Ajay Yadav,brother of Justice Nirmal Yadav,requested him to remain available at Solan to avoid any difficulties,if they crop up at the time of registration. He specifically states that the official documents such as ration cards,voters card,bank accounts,passport etc were not tendered nor any affidavit was filed but still applications were entertained and certificates were issued. He accepts that Captain Ajay used to ring him to get the work done”.

It quotes the Tehsildar: “It is because of the position occupied by the minister and his sister,who is a Judge,that I issued those certificates without supporting documents and without the presence of the persons concerned.”

Besides Justice Gokhale,the panel included Justice K S Radhakrishnan,the then Chief Justice of Gujarat High Court and Justice Madan B Lokur,the then judge of the Delhi High Court. While Justice Gokhale and Justice Radhakrishnan are sitting Supreme Court Judges,Justice Lokur is Chief Justice of the Gauhati High Court.

The Gokhale committee ruled that the amount of Rs 15 lakh sent by Ravinder Singh,a close friend of Justice Nirmal Yadav,and wrongly delivered to some other judge’s house,was indeed meant for Justice Yadav.

When contacted by The Sunday Express,Captain Ajay Yadav declined to comment. “The matter is sub judice. I would not like to talk on this issue,” he said.

Despite repeated attempts,Justice Yadav was not available for comment.

However,she in her written submission to the then Chief Justice of India and before the Gokhale Committee,said the money was “planted” on her to save a sitting High Court Judge for whom it was meant.

The Gokhale committee report says that while the Tehsildar has to verify documents in support of one’s claim to be a resident of a particular place,none of the certificates is supported by any such documents. “We also find from the statement of Satish Kumar,Tehsildar Panchkula,that eight certificates were sent to him by Justice Nirmal Yadav through Ram Niwas,who is her relative. Therefore,he dispensed with the requirement of photographs and also the presence of persons concerned,which are normally necessary.”

The Tehsildar further stated that out of eight certificates,one of them is that of Ravinder Singh. The application furnished on his behalf contained his residential address of Delhi. The report says that when the Tehsildar informed Ram Niwas that he could not issue a residence certificate to a person who is a resident of Delhi,“Ram Niwas phoned and talked to Justice Nirmal Yadav from his office and he prepared another application.” Subsequently,the report says,“the application was sent with the signature of Ravinder Singh showing the address of Panchkula.”

Incidentally,earlier this month,the CBI filed a chargesheet against Justice Yadav under Section 11 and 12 of the Prevention of Corruption Act alleging that she fast-tracked a Panchkula property case she was hearing and then ruled in favour of the party represented by Sanjiv Bansal,then Additional Advocate General,Haryana,who paid her the Rs 15 lakh through Ravinder Singh,days after the verdict. That chargesheet also mentions the Solan case and states that Justice Yadav had used “dummy” purchasers and allegedly circumvented the law. Also,the three-page sanction letter from the office of President of India did refer to alleged violations of the law by Justice Yadav in the Solan land deal.