Ghaziabad (Agencies): A special CBI court here, trying the Rs 6.58-crore Provident Fund scam has asked all the six accused retired judges to appear before it on Friday failing which warrants would be issued against them.

The former judges were directed by the CBI court to appear before it on January 30. But the judges sought some time on medical grounds.

They submitted their medical certificates stating their inability to be present in the court. Special CBI judge A K Singh allowed their medical certificates on condition that they appear before it on February 18.

The six accused judges - R P Yadav, R P Mishra, R N Mishra, R S Chaubey, Arun Kumar and A K Singh - also did not appear in the court despite summons issued to them on earlier two hearing dates on December 21, 2010 and January 13.

Justice R N Mishra, who had retired as a judge of the Allahabad High Court in 2009, had challenged the summons contending that the CBI judge was himself a witness in the case and hence he should not have passed an order in this connection.
But the high court turned down his petition.

The high court, however, ruled that those who wanted exemption from personal appearance in the case could move an application before the CBI court in this  regard.

The CBI filed a charge sheet against 78 people in the case involving alleged fraudulent withdrawal of crores of rupees, between 2001 and 2008, from Provident Funds of employees posted at Ghaziabad district court.

All the six judges are charged under IPC sections 420, 468, 471 and 120 b along with other offences.

Legal experts say that the judges can be sent to jail if they appear before the court.