A fire at the house of Delhi High Court Judge Yashwant Verma led to the discovery of a huge pile of cash. Sources say the Chief Justice of India took the matter very seriously. The Supreme Court Collegium discussed the issue and reached a unanimous decision. As a result, Justice Verma has been transferred back to Allahabad.
New Delhi: The Supreme Court Collegium decided to transfer Justice Yashwant Verma from the Delhi High Court back to his parent High Court Allahabad. Sources informed that this decision came after a significant amount of unaccounted cash was found in his official bungalow last week during the Holi holidays.
The cash discovered following a fire in the building, which prompted family members of the judge who was out of the city at the time to call emergency services, leading to police involvement.
Upon learning of the situation through official channels, the Collegium, led by Chief Justice Sanjiv Khanna, opted to transfer Justice Verma.
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Indira Jaising is a senior Indian lawyer and human rights activist known for her work in constitutional law, women’s rights, and judicial accountability remarked,
“A retired Sessions Court judge who convicted Sanjeev Bhatt is now being considered for a High Court appointment. Meanwhile, a High Court judge is found with a ‘pile of cash’ in his burning house. Have we lost the independence of the judiciary?”
As of now, Justice Verma has not commented on the cash discovery. Sources indicated that the Chief Justice viewed the situation very seriously, and the five-member Collegium agreed unanimously on the decision to transfer Justice Verma.
However, sources indicated that some members of the Collegium believed stricter measures were necessary to protect the judiciary’s reputation, which could significantly impact its ability to deliver justice to the public.
There was discussion about potentially asking Justice Verma to resign.
If he were to decline, some members suggested that the Chief Justice could initiate an internal inquiry, which would be the first step toward possible removal by Parliament.
In 1999, the Supreme Court established guidelines for addressing allegations of corruption, misconduct, and judicial irregularities involving judges of the Constitutional Court.
According to these guidelines, upon receiving a complaint, the Chief Justice first seeks a response from the judge in question. If the Chief Justice is not satisfied with the reply or believes further investigation is warranted, he will form an internal committee.
This committee is composed of one Supreme Court judge and two High Court Chief Justices. Once the committee submits its report, if the Chief Justice determines that the alleged misconduct is serious enough to warrant removal, he will request the judge to resign. Should the judge refuse, the Chief Justice will then notify the government to initiate removal proceedings through Parliament, as stipulated in Article 124(4) of the Constitution.
Article 124(4) of the Indian Constitution deals with the procedure for the removal of a Supreme Court judge. It states that:
- A Supreme Court judge can be removed only by an order of the President.
- The removal must be based on proved misbehavior or incapacity.
- This order must be passed after an address by Parliament, supported by a special majority (a majority of the total membership of each House and a two-thirds majority of members present and voting).
This provision ensures judicial independence by making it difficult to remove judges without strong and justified reasons.