CASE OF JUSTICE Y. VARMA LINGERS ON

Umpteen discussion has taken place in the last three weeks ever since Justice Yashwant Varma (JYV) began getting attention for wrong reasons. A Burning pile of cash episode at his residence continues to hit the headlines. Work in Allahabad High Court has resumed after being stopped for a week. The report of the Inquiry Committee is being eagerly awaited.

The Inquiry Committee after its first meeting on March 26 visited JYV residence. It spent an hour and analysed C.C.T.V. footages. Statements of Fire Brigade personnel were also recorded.

Delayed Visit of Delhi Police Team

A Delhi Police team led by a D.C.P. undertook a visit on March 25 to question the staff & security personnel present on March 14 night. They sealed the store room in which burnt cash was found. Earlier, phones of five Policemen, who had rushed to Judge’s residence on March 14, had been surrendered. Visit of Police was definitely a delayed affair. Also burnt notes could have been seized in the early hours of 15 March.

Supreme Court Collegium members have rightly felt that in such a serious situation, if the Judge concerned is let off only with a transfer, it would not only tarnish the image of Judiciary but will also erode people’s trust in the institution.

Supreme Court Hearing of Plea for Filing F.I.R.

On March 26, the Chief Justice of India (C.J.I.) heard Mathews Nedumpara (M.N.), Advocate for permission for filing F.I.R. against JYV. He was directed to get the date of hearing from the Registry of Court. A Bench headed by Justice A.S.Oka heard M.N.on March 28, declined to entertain his plea and stated that it was open for the C.J.I. to direct registration of F.I.R., if necessary, on completion of Inquiry. As this was not the stage to interfere, the petition was considered premature.

Presidents of Six Bar Associations Call on C.J.I.

While seeking their co- operation, the C.J.I. gave an audience to heads of Bar Asociations of Delhi, Allahabad, Lucknow, Kerala, Karnataka and Gujarat on March 27. They also met four Collegium members. Bar members raised several demands including criminal action over discovery of cash. They also flagged the issue of corruption in the Judiciary. Collegium understood their concerns and expressed views in favour of a clean Judiciary.

Earlier Bar representatives displayed appreciation for transparency shown and steps taken by the C.J.I. in putting relevant material on the web site of Supreme Court. They demanded that transfer proposal of JYV should be cancelled and in addition to Judicial works, administrative works be also withdrawn and against him criminal laws be applied.

In another positive turn of events, the Head of AHCBA had discussions with the Ministry of Law.

Opinions of Senior Judges and Advocates

HARISH SALVE, Ex- Solicitor General has felt that Judiciary has to be above suspicion. System is on trial now, not the Judge. The Collegium system can not be called a system. Decision to transfer the Judge is wrong. In house Inquiry is not fair. A Judge and two independent persons can be part of it. Thereafter, CBI can take up investigation. A credible and transparent system was needed.

INDIRA JAISINGH, has asked a pertinent question : “If the fountain of Justice is Polluted at its Source, where do we go for Justice ?”

DUSHYANT DAVE, Ex- President, Supreme Court Bar Association has contended that the Judiciary has been deteriorating over the years. Justice is for sale in many courts due to serious inefficiency and lack of accountability among many judges. In the garb of independence of Judiciary, some corrupt Judges were enjoying. The College system needs to be removed immediately. Judges can not Judge themselves. A nation wide debate is called for, as victims are the small people who are suffering.

KAPIL SIBBAL, Senior Advocate & M.P. feels that the system of appointment of Judges has to be more transparent. Judiciary has not responded to corruption, misconduct and partisanship.

PRASHANT BHUSHAN, another Senior Counsel has reiterated the need for strong and independent Judges. Even though Dossier is maintained on every Judge, Government takes months and years to notify the appointments, recommended by Collegium. He is dead against post-retirement assignments for the Judges.

Justice (Retd) S.N.DHINGRA is candid in saying that corruption has been there for a long time and the same is increasing. Judges, unfortunately think that they are above law. He feels that Police should have sealed the store room of JYV on 14th March with a view to secure the premises. Since there is no evidence, how can investigation proceed ? FIR could have been registered by Police, based on a report about burnt currency notes as seen by their personnel. This is the right time to revive discussion on National Judicial Appointment Commission, 2014.

SIX JUDGES WHO ESCAPED IMPEACHMENT

JUSTICE V. RAMASWAMI, Judge of Supreme Court was found guilty of misuse of T.A., D.A., official vehicles and exorbitant expenditure on his official residence when he was C.J. of Punjab & Haryana High Court. Impeachment motion was taken up against him after 100 M.P.s of Lok Sabha gave a notice to their Speaker. As against the requirement of two third M.P.s present and voting, even a simple majority of them did not lend support on May, 11,1993. The Judge was permitted to retire after one year, though he never tendered his resignation. Thus the first case of this kind sadly fell through.

A Judge of Madras High Court, JUSTICE P.D.DINAKARAN had huge assets and land acquisitions in his name. Facing impeachment for corruption and misconduct, on a complaint from 76 M.P.s, Rajya Sabha Chairman admitted a motion for his removal. From Madras, he moved to Karnataka High Court as C.J. and subsequently to Sikkim High Court.

JUSTICE C.S.KARNAN of Calcutta High Court was guilty of hurling unpalatable accusations on C.J. of various High Courts and the C.J.I. He also sent a letter to the Prime Minister naming 20 Judges and 3 Law Officers as Corrupt. The Supreme Court constituted a seven Judge bench composed of Senior Judges to adjudge a case on Contempt of Court against him.As his allegations were found false, he was sentenced to 6 months imprisonment. He was arrested in Tamil Nadu & completed the sentence.

A Corruption case was registered against JUSTICE S.N.SHUKLA of Allahabad High Court in December 2019. C.B.I. filed it against him and his wife for having assets worth Rs 2.5 Crores as also a Disproportionate Assets case.The then C.J.I., Justice Dipak Mishra recommended his Impeachment but he was not impeached. He retired in 2020.

JUSTICE SAUMITRA SEN of Calcutta High Court was charged and held guilty of misappropriation of public funds amounting to Rs. 33.22 lakhs. He did not cooperate with Court proceedings, was not present for hearings and did not furnish the information sought. He was found guilty of misbehaviour.

On August 13, 2008, Rs.10 lakhs in currency notes was left at the residence of Justice Nirmaljit Kaur, Judge of Punjab & Haryana High Court. It was actually meant for JUSTICE NIRMAL YADAV, her ‘sister’ Judge. While former has been acquitted, latter continued to be an accused even after her retirement on March 4, 2011.Examination of 80 prosecution witnesses took a long period of 17 years. Pronouncing its verdict finally on March 29, a Special C.B.I. Court at Chandigarh has acquitted Justice (Retd) Nirmal Yadav. Despite acquittal, the stigma of corruption can not be eroded.

GOVT. OF INDIA APPROVES JUSTICE VARMA’s TRANSFER

The President of India has been pleased to transfer Justice Y.Varma to Allahabad High Court. An action of this sort was being expected only after submission of a report of Internal Inquiry.Now that it has happened, order will have to be implemented immediately.

Further, Supreme Court in a Press release has said that “Chief Justice of Allahabad High Court for the time being is being asked NOT to assign any Judicial work to Justice Varma when he assumes charge as a Judge of Allahabad High Court”.

It would be difficult to predict the developments subsequent to this order. As Justice Sanjeev Khanna ,C.J.I. will be superannuating on May 13, 2025, the mind and approach of his successor may not be known immediately. He will also demit office on November 23, 2025. Final outcome, therefore , is likely to be delayed further.

TO CONCLUDE

Sad saga of disturbance in the country’s Judiciary has not ended. A lot has happened and more is bound to happen in future. Deep introspection within the Judiciary is swiftly called for.

Family legacy and professional relations will have to make way for merit. Propriety and manner of a Judge have to be above suspicion. Justice Varma’s case deserves to be viewed more seriously. Element of Justice especially in the background of use of unfair means can not be for sale.

A study quoted in a TV debate has stated that 52% of litigants have to pay bribes for their cases in the country. In addition, they have to face dates after dates.

HAS JUDICIARY BECOME A STAGE FOR POWER AND MONEY ?

(Alok K.Shrivastava is the former Chief Secretary of Sikkim)