Plea in SC Calls for FIR Registration and Investigation of Cash Found at Judge's Residence
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Synopsis
A petition has been filed in the Supreme Court seeking the registration of an FIR and a thorough investigation into burnt cash found at Justice Yashwant Varma's residence. The plea raises concerns about potential cover-ups and the judiciary's corruption, emphasizing the need for accountability in judicial proceedings.
Key Takeaways
- Request for an FIR concerning burnt cash at a judge's residence.
- Plea highlights potential cover-up efforts by authorities.
- Justice Varma has denied ownership of the cash.
- Corruption in the judiciary raises fundamental rights issues.
- Committee constituted for inquiry against Justice Varma.
New Delhi, March 23 (NationPress) A petition has been submitted to the Supreme Court (SC) requesting the Delhi Police to file an FIR and initiate a thorough investigation into claims that a significant amount of burnt cash was found at the residence of Justice Yashwant Varma of the Delhi High Court, as asserted by a lawyer from Mumbai on Sunday.
Challenging the failure to register an FIR on March 14, the day the unaccounted cash was allegedly discovered after the fire brigade responded to a fire at Justice Varma's home, the petition argues that the authorities' delay in providing electronic records to the public suggests an attempt to conceal the matter.
“Why have there been no arrests, why was the money not confiscated, why was no mahazar prepared, and why was criminal law not activated? Why did it take nearly a week for the public to become aware of this scandal? Justice Varma has claimed that this is not his money and that he has never possessed such funds, expressing his astonishment. If that is the case, why did he not report to the police and seek to register an FIR regarding an attempt to falsely implicate him?” the petition elaborates.
“This case is straightforward. It involves black money acquired through judicial corruption. Even accepting Justice Varma’s account, the question remains as to why he did not file an FIR. Submitting an FIR, even later, is crucial for the police to investigate the conspiracy involved,” contended the plea by advocate Mathews J Nedumpara and others.
The petition stated: “To the petitioners' knowledge, no FIR has been filed regarding Justice Yashwant Varma’s case. Public sentiment suggests there will be efforts to cover up this issue, with initial statements about the recovery of money now being contradicted.”
Additionally, it requested that the three-member panel formed by the SC Collegium to investigate the incident be declared void ab initio as it involves several cognizable offences under the Bharatiya Nyaya Sanhita (BNS).
The petitioners asserted that corruption within the judiciary fundamentally and directly violates the rights guaranteed in Part III of the Constitution, stating that as citizens of the country, they possess an undeniable right to petition the SC directly.
The plea challenged the ruling of a five-judge Constitution Bench in the K. Veeraswami v. Union of India case, which stated that no criminal case should be filed against a High Court judge, Chief Justice of a High Court, or Supreme Court judge without consulting the Chief Justice of India (CJI).
“This observation by the Court was made per incuriam, disregarding the law and in silence, failing to recognize that the police are obliged to register an FIR upon receiving information about a cognizable offence. This direction effectively restrains the police from fulfilling their statutory responsibilities,” it maintained.
The plea further asserted that such a directive establishes a special category of judges, exempt from the penal laws applicable to everyone else, hindering the registration of FIRs even in offences involving POCSO.
On Friday, CJI Sanjiv Khanna announced the formation of a three-member committee to investigate the allegations against Justice Varma.
“The Chief Justice of India has appointed a committee comprising Justice Sheel Nagu, Chief Justice of the High Court of Punjab & Haryana, Justice G.S. Sandhawalia, Chief Justice of the High Court of Himachal Pradesh, and Anu Sivaraman, Judge of the High Court of Karnataka, to conduct an inquiry into the allegations against Justice Yashwant Varma, a sitting Judge of the Delhi High Court,” according to a press release from the SC.
It also mentioned that the Chief Justice of the Delhi High Court has been instructed not to allocate any judicial responsibilities to Justice Yashwant Varma for the time being.
