Supreme Court agrees video of burnt cash at Justice Varma’s residence shouldn’t have been uploaded, but says it doesn’t nullify proceedings. Parliament can independently decide on impeachment.
New Delhi: The Supreme Court of India, on Wednesday, agreed with Justice Yashwant Varma’s argument that the video showing burnt currency notes discovered at his residence should not have been uploaded on the official website of the Supreme Court.
A bench comprising Justices Dipankar Datta and A.G. Masih stated that while the publication of such material online was improper, it did not invalidate the overall process. The bench also clarified that this act did not give Justice Varma a free pass in the ongoing matter.
The bench said,
“Just because tapes have been published on the website, it does not mean the process is vitiated and Justice Varma can go ‘scot-free’,”
The matter relates to the uploading of photos and videos of a significant amount of burnt cash found at Justice Varma’s official residence during his tenure as a judge of the Delhi High Court.
These visuals were part of an in-house committee report which was made public by the Supreme Court on March 22, following a fire incident on March 14, Holi night.
Justice Varma has challenged this report in the top court, asking that it be declared invalid. He claimed that the uploading of these materials has already tarnished his reputation, and he questioned the fairness of the process.
Senior advocate Kapil Sibal, representing Justice Varma, argued that the judge’s reputation had already suffered damage by the time he approached the court. He told the court that there was little point in seeking relief after the video had been made public.
“Tape was released. It was already released, my reputation already damaged. What would I come to court for?”
Sibal said.
Justice Dipankar Datta responded to this argument, saying the bench sympathised with Justice Varma’s concern on the issue of publication.
Justice Datta noted,
“We are with you on this for the time being. It should not have been done,”
However, Justice Datta also made it clear that this incident did not affect the power of Parliament to initiate its own independent proceedings.
He highlighted that Parliament operates within its own authority and is not required to act based on the judiciary’s internal processes or recommendations.
Justice Datta said,
“It does not mean that there has been some lapse in the procedure, which affects the powers of the Parliament to take action against you, because Parliament, I need not to say with any emphasis, it has its own powers,”
He further explained that if Parliament decides to act and a motion is admitted, an inquiry committee would be set up independently. Justice Datta assured that the members of such a committee would be of high integrity and would evaluate the matter fairly.
He said,
“Parliament is not supposed to be guided by what judiciary says or what CJI recommends. They are supposed to act independently and if, at all, Parliament admits the motion and if an inquiry committee is set up, you know who can be the members of the committee. Do you think those members, people of high calibre, would be influenced by preliminary report where you will have whole opportunity to demolish what are the findings,”
Justice Varma had earlier been found guilty of misconduct by the in-house panel for the cash discovery at his residence.
This panel’s findings, including the photographs and videos of the burnt cash discovered during a firefighting operation, were made public in an unprecedented move by the Supreme Court.
The ongoing legal proceedings before the top court are focused on the legality and fairness of this in-house panel’s report, and whether Justice Varma’s rights have been violated through its publication.
The Supreme Court has reserved its final opinion on this matter, noting that the ultimate decision regarding impeachment will be handled independently by Parliament.
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