“Lawyers can be wrong, but judges cannot and courts always prevail justice”— is this still to be believed?
It feels strange. Isn’t it? When we hail the judiciary as a guardian of the Indian democracy and it starts to show cracks. We all believe and see the judiciary as a beacon of hope, an impartial arbiter and a leveller of the playing field. But what happens when the very foundation trembles?
I remember once discussing with my father, the man behind my legal journey.
He would always say – “lawyers can be wrong, but judges cannot and courts always prevail justice”.
This sentence has always been my hope and motivation to believe in judiciary and justice until now when my trust and confidence is shaken heavily.
Now I have realized that it is not at all sudden but slow recurring acts that have led to such a big jolt for everybody.
The recent controversy revolving around Justice Yashwant Varma of the Delhi High Court has not only left a black stain on the Indian judiciary but has also confirmed the views of the critics about corruption in the Indian Judiciary!
As a second senior most judge of the Delhi High court and a member of the collegium, his legal journey has been significant, with judgments on taxation, arbitration, and intellectual property.
Justice Varma’s landmark ruling in 2018 granted bail to Dr Kafeel Khan, and his 2024 judgment upheld tax reassessment against the Congress party, exposing Rs.520 crores of unassessed income. But now, his alleged involvement in the cash-at-home controversy raises serious concerns.
Though there is news about his transfer to his parent High Court, i.e. Allahabad High Court and an in-house inquiry, it leaves me to wonder if it is an act or a genuine recourse.
Amid the controversy, what is more shocking is that, we see SC five senior judges leaving for Manipur.
Hence again coming to the serious question- whether this is a mere procedural move or a deeper attempt at shielding a sitting judge from strict accountability?
If we dive deeper into the topic, we find that this is not the first time that the name of Justice Varma has surfaced for financial misdoings. Earlier, his name was associated with Simbhaoli Sugars Limited.
It was in February 2018, when the CBI launched an investigation into Simbhaoli Sugars Ltd., a company accused of a Rs.97.85 crore loan fraud involving the Oriental Bank of Commerce. Though the loan was originally meant for farmers, as alleged it was diverted for other financial purposes.
In this investigation, the CBI also filed an FIR listing Justice Yashwant Varma as the 10th accused in his then role as a Non-Executive Director of Simbhaoli Sugars Ltd. But despite the serious nature of the charges, no major action was taken against Varma, and the case lost momentum over time.
In one more similar incident, a district and sessions judge in Satara, Maharashtra, faced an FIR for allegedly demanding a Rs.5 lakh bribe in exchange for granting bail in a financial fraud case. The Anti-Corruption Bureau (ACB) also sought permission from the Bombay High Court to arrest the judge at that time.
Witnessing these past and the latest controversy, raises a critical question: How did an individual under a CBI investigation for financial fraud ascend to such a powerful judicial position? Have you ever thought about it?
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Over the years, we have seen critics discussing that, unlike politicians or bureaucrats, judges are rarely investigated for corruption and even when allegations surface, they often go unpunished due to lack of proper investigation or strict rules.
Even, the collegium system which appoints and transfers judges is a self-regulated process with no public accountability.
This case is significant because it involves a sitting judge actively participating in financial misconduct—a stark example of how deeply corruption has penetrated the judicial system.
Can Indian Judiciary Ever Be Held accountable?
Though we know, that India has never convicted or impeached any sitting judge of the High Court or Supreme Court for corruption. Whereas, ordinary citizens and politicians face CBI raids and ED investigations. But is there a way to tackle this?
In India, there exist two systems to deal with judges corruption:
- The Supreme Court’s In-House Mechanism
- The impeachment proceedings by Parliament
Now, the truth is one is the secretive internal process that rarely result in serious action and the other is the politically charged and nearly impossible action.
Between 2017 and 2021, there were around 1631 complaints that were received and forwarded to the Chief Justice of India and other High Court Chief Justices. Since the in hosue inquiry mechanism is confidential, it is unclear as to how many judges were investigated or what action was taken.
Some Notable Judicial Complaints and Actions Include
- Justice SN Shukla (Allahabad HC) – He was found guilty of corruption by an in-house inquiry, his judicial work was withdrawn, though he remained a judge and received full salary until retirement.
- Justice Shekhar Kumar Yadav (Allahabad HC) – In recent events, he faced an in-house inquiry for communal remarks at a VHP event, the SC collegium asked for a public apology and clarification. Despite that, no such apology was offered by the judge and the current status of the complaint is unknown.
- Justice IM Quddusi (Retd. HC Judge) – He was arrested for allegedly brokering Supreme Court cases, but then, secured bail within a week, the case is still pending.
- Justice V Ramaswami (1993) – He became the first judge to face an impeachment motion for financial misappropriation. Despite being found guilty on 11 out of 14 charges, the motion failed due to Congress abstaining from voting.
- Justice PD Dinakaran (2009) – He too faced impeachment for amassing disproportionate assets. Instead of facing a trial, he resigned before the process could be completed.
- Justice K Veeraswami– A former Chief Justice of the Madras High Court. He was found to have wealth far exceeding his known income. The CBI filed a chargesheet, but he successfully delayed the trial for years—until he died in 2010.
Outcomes like this, push us to wonder about the bigger picture of the judiciary resisting reforms. There are many arguments that judicial corruption persists because the judges control their oversight, there is no financial disclosure and there is a fear of public scrutiny.
To improve the functioning and eliminate corruption in the judiciary, it is important to have an independent body not controlled by the judiciary to investigate complaints and prosecute corrupt judges. Not only this, there should be a public disclosure of judges’ assets, reform the collegium system and revise the impeachment process.
Legal and Institutional Framework to Combat Corruption in India
Legal Framework
- Indian Penal Code (IPC):
- Several provisions of the IPC impose criminal liability on public officials for misconduct, including violations of legal procedures, falsification of documents, unauthorized business activities, and misuse of authority.
- Bharatiya Nyaya Sanhita (BNS), 2023: The BNS replaces the Indian Penal Code (IPC) and retains strict provisions against corruption by public officials. It penalizes misconduct such as abuse of authority, bribery, and fraudulent activities in public offices. Public servants who violate procedural rules, forge documents, or misuse their position face severe penalties under BNS.
- Prevention of Money Laundering Act (PMLA), 2002:
- This legislation aims to prevent and penalize money laundering, particularly when linked to corruption.
- It allows for the seizure and confiscation of illicit assets obtained through corrupt practices.
- The law primarily targets financial institutions, banks, and stock market intermediaries.
- Right to Information (RTI) Act, 2005:
- The RTI Act plays a crucial role in promoting transparency and accountability in governance.
- It empowers citizens to seek information from public authorities, which must respond within 30 days.
- Public offices are mandated to digitize records for easy accessibility and proactively disclose key information.
- The Act enables public oversight of government spending.
Institutional Framework
- Multiple agencies oversee anti-corruption initiatives and promote awareness.
- Key National Bodies:
- Supreme Court of India – Upholds constitutional and legal safeguards against corruption.
- Central Vigilance Commission (CVC) – Supervises vigilance activities in government departments.
- Central Bureau of Investigation (CBI) – Investigates high-profile corruption cases.
- Comptroller & Auditor General (C&AG) – Audits government expenditure to detect financial irregularities.
- Chief Information Commission (CIC) – Ensures compliance with the RTI Act.
- State-Level Institutions:
- Various states operate Anti-Corruption Bureaus (ACBs) to tackle local corruption cases. For example, Maharashtra has a dedicated Anti-Corruption Bureau.
Conclusion
The latest episode of Justice Varma is one such out of a long list of judicial corruption scandals. However, the previous incidents where judges went free despite the charges being proven show that the Indian judiciary protects its people at any cost. If meaningful reforms are not introduced, then the judiciary risks losing public faith completely.
“Lawyers can be wrong, but judges cannot and courts always prevail justice”— is this still to be believed? I wonder…
