'Cash Found at Judge's Residence': Allegations Erode Public Trust in Judiciary, Says Harish Salve (IANS Interview)

New Delhi, March 21 (NationPress) In light of the alleged cash found at the residence of a judge from the Delhi High Court, former Solicitor General of India and prominent advocate Harish Salve expressed his dismay regarding the disturbing claims. He informed IANS that such allegations undermine public trust in the judiciary. Furthermore, he described the incident involving Justice Yashwant Varma as a critical alert that highlights the dysfunctionality of the current judicial appointment system.

Here are some key excerpts from the interview:

Allegations shake my and public faith in judiciary: Harish Salve

IANS: Do you believe the claims regarding cash at Justice Yashwant Varma's home have undermined public trust in the judiciary?

Harish Salve: I was deeply troubled when I learned about this news. If it erodes my faith in the judiciary, it undoubtedly damages the common man’s belief in the system.

IANS: Does the Collegium's choice to repatriate Justice Varma to the Allahabad High Court exacerbate suspicions of a conspiracy?

Harish Salve: The Supreme Court has clarified that the transfer is unrelated to this incident. While it may be true or false, it’s hard for the public to accept given the circumstances. I think it’s imperative that his transfer is halted and an inquiry initiated.

IANS: Should he remain at the Delhi High Court and continue his duties?

Harish Salve: I presume he will take a few days off. After a brief break, he can return to work. The Supreme Court should mandate an inquiry, and I would propose a radical suggestion: a committee of three, led by a judge alongside two distinguished outsiders, should conduct the inquiry. This is a straightforward necessity.

IANS: What actions should be taken if the allegations are confirmed?

Harish Salve: Was any money actually seized from his residence? The fire chief has stated that no money was found. If money had indeed been retrieved from his home, then the committee would find him guilty, and the law will take its course. Conversely, if the allegations are unfounded, a comprehensive investigation into the sources of these claims is essential.

IANS: If the allegations are substantiated, does that warrant an impeachment motion?

Harish Salve: Not only impeachment; I believe he would resign if found guilty by an independent inquiry. You mention numerous loopholes and grey areas? There’s no ambiguity; the situation is dire. The media has unveiled a disturbing narrative in my four and a half decades of legal practice. I have never encountered such a shocking allegation of cash being found in a High Court judge’s home. Justice Verma is among the senior-most judges I have always respected, and I was heartbroken by this news. If it shakes my faith, it certainly shakes the common man's faith in the judiciary.

IANS: Will this incident reignite discussions regarding judicial primacy in the appointment of judges?

Harish Salve: Absolutely. Events like this serve as a wake-up call, illustrating that our present system is ineffective. We are not equipped to handle the current turbulent times. The media landscape has evolved drastically; news can spread in mere moments. We must adapt to this reality.

IANS: Is there a necessity for reform in the system?

Harish Salve: Certainly. We require a more resilient and robust system to address these challenges. Globally, institutions are under significant pressure. The judiciary is a crucial component of democracy, and we cannot afford to function without a strong judicial system. Hence, we must work towards fortifying it.

IANS: Does this incident highlight the absence of built-in checks within the Collegium System for judicial appointments?

Harish Salve: It’s a reminder to reignite the conversation. The 500 representatives we elected must put aside their political differences and collectively devise a structure to address this existential crisis. We must preserve this institution.

IANS: The Allahabad High Court Bar Association has expressed opposition to Justice Varma's repatriation. What are your thoughts?

Harish Salve: If the allegations hold true, transferring him would be inappropriate. If he is deemed unfit for the Delhi High Court, how can he be suitable for Allahabad? We should not treat certain courts as dumping grounds. Sometimes, a judge is transferred to clear public perception, which is different and does not cast doubt on their competence. It is essential for justice to not only be done but also to be perceived as being done.

IANS: What about the previously proposed National Judicial Appointment Commission aimed at reforming the Collegium system, which was struck down by the Supreme Court in 2014?

Harish Salve: While there were minor critiques, they could be addressed. The Supreme Court established two principles that I fundamentally disagree with. The Court claimed that the judiciary can only remain independent if judges appoint judges, which I do not accept.

The architect of the Collegium system, Justice J.S. Verma, never stated that judges should select judges regarding the executive versus judiciary debate. He publicly expressed regret over the way the Collegium system has functioned.

The second assertion was that the law minister could never be part of a committee for judicial appointments. I disagree with this notion. The executive is a vital stakeholder in democracy. While it’s valid to argue that the government should not dictate who becomes a judge, asserting it is flawed to include the law minister in such a committee is misguided.

IANS: How would you respond if the allegations in this cash at home incident are disproven?

Harish Salve: That would be a tragedy. If these allegations are false, an excellent judge's reputation is being unjustly damaged. If this situation does not serve as a wake-up call, I am uncertain what can.