CHENNAI: A judge of the Madras High Court on Saturday recused himself from hearing a case following allegations that a senior advocate had collected Rs 50 lakh from an accused on claims of securing a favourable order.
The matter arose from a criminal petition filed by N Ganesh Agarwal challenging an order of the Special Court for CBI Cases, which had dismissed his discharge petition, and also seeking to quash the chargesheet filed against him.
The case relates to allegations against Naresh Prasad Agarwal, who is accused of conspiring during 2008–2009 to cheat the Metals and Minerals Trading Corporation of India of Rs 113.38 crore by speculating in foreign exchange and failing to take forward cover under the Buyers Credit Scheme.
Petitions seeking to quash the case were filed by Naresh, while Ganesh sought discharge from the proceedings. These petitions were pending before Justice M Nirmal Kumar.
In a representation sent in the name of the All India Lawyers Association for Justice to the Ministry of Law and Justice and the CBI, it was alleged that the senior advocate appearing for the petitioners had collected Rs 50 lakh from the accused, claiming that the amount was to be paid to the judge to obtain a favourable order. It also stated that despite the payment, no orders had been passed and called upon the court to either pass appropriate orders or initiate suitable action.
Following the allegation, Justice Nirmal Kumar summoned the senior advocate and questioned him in open court. The advocate denied the allegations and added that he was ready to cooperate with any inquiry into the matter.
The Special Public Prosecutor submitted that the representation ought not to be entertained, as such allegations undermined the dignity of the courts. However, the judge directed that the matter be referred to the Vigilance Cell and decided to step aside from hearing the case.