Vice President Dhankhar questioned the delay in FIR in the judge cash case, saying, “Who are the bigger sharks?” He noted the Supreme Court has acted but must now address legacy issues from the 1990s.
New Delhi: Vice President Jagdeep Dhankhar extensively discussed the discovery of cash at the residence of Delhi High Court Judge Justice Yashwant Varma, advocating for a police investigation and a reassessment of the Supreme Court ruling that requires prior sanction to prosecute high court and Supreme Court judges.
While speaking at a book release event, he characterized the actions of the three-judge in-house committee, which is investigating the matter, as a “serious issue” and questioned the legitimacy of recovering electronic equipment from witnesses.
He stated,
“The entire nation was worried. An incident took place on the night intervening 14th and 15th of March. A nation of 1.4 billion did not come to know about it. Till after a week. Just imagine how many such other incidents may have taken place of which we are not in the know… every such transgression of integrity impacts common man, impacts those who believe in rule of law… therefore we have to be unsparing about it,”
The Vice President pointed out that the public is questioning “why the criminal justice system was not operationalised as it would have done for every other individual.” He noted that only the President of India and Governors are exempt from police investigations, and only while in office.
He emphasized,
“This issue for which people are waiting with bated breath, the money trail, its source, its purpose… Did it pollute the judicial system? Who are the bigger sharks? We need to find out. Already two months have gone by,”
He acknowledged that the Supreme Court, under former Chief Justice Sanjiv Khanna, has done what it could, but suggested that there is a “legacy issue” with judgments from the 1990s, saying, “now is the time to take a call.”
On the evening of March 14th, a fire erupted at Justice Varma’s Delhi residence. While Justice Varma and his wife were traveling in Madhya Pradesh, his daughter and elderly mother were present when the fire broke out. Firefighters responding to the scene reportedly discovered a substantial amount of unaccounted cash.
A video subsequently emerged depicting bundles of currency engulfed in flames, sparking allegations of corruption against Justice Varma. He refuted these accusations, suggesting a conspiracy to discredit him.
In response, the Former Chief Justice of India (CJI) launched an internal investigation, forming a three-member committee on March 22nd to conduct an inquiry.
The Delhi Police Commissioner shared the video of the burnt cash with the Chief Justice of the High Court. The Supreme Court later released the video to the public. In an unusual move, the Supreme Court also published a report from the Delhi High Court Chief Justice concerning the incident, along with Justice Varma’s reply.
The Supreme Court Collegium’s decision to transfer Justice Varma amid this controversy faced significant opposition from lawyers’ associations in Uttar Pradesh. However, the Central government approved the transfer on March 28.
The Central Government announced the transfer of Justice Yashwant Varma of the Delhi High Court back to his original position at the Allahabad High Court.
This decision followed a recommendation from the Supreme Court Collegium made on March 24.
Additionally, The Supreme Court of India directed the Chief Justice of the Allahabad High Court not to assign any judicial responsibilities to Justice Yashwant Varma.
Mr. Dhankhar emphasized the necessity of re-evaluating the Supreme Court’s 1991 judgment in the case of K. Veeraswami vs. Union of India, which established the procedure for in-house investigations.
He noted that while the judgment offers protection and immunity to judges, it can, in cases like that of Justice Varma, become a liability for the judiciary and undermine public trust in the legal system.
Highlighting the importance of the rule of law in a democracy, which he described as “the very foundation of society,” the Vice President stated,
“The surest way to degenerate an individual or bring down an institution is to keep it away from probe, keep it away from scrutiny.”
He added that to foster democracy, “It is inescapable that we hold every institution and every individual accountable.”