In a recent development, the Supreme Court of India witnessed the filing of a significant petition, calling for the registration of an FIR against Justice Yashwant Varma of the Delhi High Court following the alleged discovery of illicit cash at his official residence. The matter was brought before Chief Justice Sanjiv Khanna by Advocate Mathews J Nedumpara.
During the proceedings, Chief Justice Khanna indicated that the petition had been scheduled for hearing, urging restraint on public statements concerning the issue. In response, Nedumpara asserted the necessity of registering an FIR against Justice Varma, praising the Chief Justice for the transparency shown in making related video records public.
A co-petitioner in the plea highlighted the perceived inconsistency in how judicial figures are treated compared to others, noting that similar findings at a businessman’s premises would typically trigger immediate scrutiny by enforcement agencies.
The Supreme Court bench opted not to entertain further immediate discussion but confirmed that the matter would be officially listed by the Registry soon.
This legal action challenges the decision by the Chief Justice to initiate an in-house investigation by a three-judge panel rather than pursuing a regular criminal investigation. The petition argues that the directive established by the Supreme Court in the landmark case of K. Veeraswami v. Union of India — which stipulates that criminal proceedings against sitting judges of higher courts require consultation with the Chief Justice of India — creates undue judicial immunity, contrary to public interest.
Petitioners contend that the direction for an in-house inquiry rather than a formal police investigation does a disservice to public trust and the reputation of the judiciary. They argue that historical precedents, such as cases involving judges caught in criminal activities, demonstrate the need for accountability that extends beyond internal reviews.
The petition seeks several outcomes, including a declaration that the discovered cash constitutes a cognizable offence, an order for the Delhi Police to register an FIR, and a call for the government to enact robust measures against judicial corruption, such as reviving the Judicial Standards and Accountability Bill.
