A group of lawyers have petitioned the Supreme Court, seeking registration of a First Information Report (FIR) against Delhi high court justice Yashwant Varma, from whose house burnt currency notes were recovered in a sack in March.
The lawyers have also demanded the court to make public the report of an inquiry panel set up by the top court against justice Varma.
Former chief justice Sanjeev Khanna had initiated the process for the removal of justice Varma, by writing to the President of India Draupadi Murmu and Prime Minister Narendra Modi stating that the allegations of recovery of cash at the judge’s residence is serious and warrants initiation of proceedings for his removal under the Constitution.
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“What has happened is a grave crime against public justice. When it is a judge, the defender of justice who is himself the accused or culprit, then it is no ordinary offence, the gravity is far greater and so must be the punishment. Probity in public life which judge is duty bound to uphold is uncompromisable,” the petition said.
The petitioners said Varma should be subject to criminal prosecution, and “even and impeachment by itself will not suffice”.
Justice Varma was transferred to Allahabad high court after a fire at his official residence in Delhi revealed the recovery of cash. A three-member panel was formed to probe the case. The panel concluded that cash was indeed found at Varma’s house.
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The four petitioners, led by advocate Mathews J Nedumpara, said, “It was indisputable that the huge volumes of money that was burned and partly burned and clandestinely removed was nothing but bribe/corruption.”
The police will need approval from the Chief Justice of India to register an FIR, according to the law.
A 5-judge constitution bench in K. Veeraswami case (1991) held that no criminal case shall be registered under Section 154 of the Code of Criminal Procedure against a judge of the high court, chief justice of a high court or a judge of the Supreme Court, unless the CJI is consulted on the matter.
Questioning this decision, the petitioners said, “The said direction creates a special class of privileged men/women, immune from the penal laws of the land…The people of this country expected the police to register an FIR, nay, the Chief Justice to grant permission to the police for registration of the FIR without any further delay.”