Transfer and Allegations Against Justice Yashwant Varma
The Centre has notified the transfer of Justice Yashwant Varma from the Delhi High Court to his parent High Court in Allahabad. This move comes after cash was allegedly discovered at his New Delhi residence during a fire incident.
Judicial Actions and Statements
- The President, under Article 222 of the Constitution, ordered the transfer after consulting the Chief Justice of India.
- The Supreme Court has instructed the Chief Justice of Allahabad High Court to refrain from assigning judicial work to Justice Varma upon his arrival.
Supreme Court's Response to FIR Plea
- A plea to file an FIR against Justice Varma was declined by a Supreme Court bench led by Justice A S Oka.
- The bench stated that the Chief Justice of India could decide on registering the FIR after the in-house inquiry concludes, deeming the plea premature.
- Advocate Mathews J Nedumpara argued against the competency of the in-house committee, suggesting police investigation instead.
Context and Legal Precedents
- The Supreme Court's 1991 ruling in K Veeraswami Vs Union of India requires approval from the Chief Justice of India to file a criminal case against sitting judges.
- The plea contended that this creates a privileged class immune to penal laws.
Debate on Judicial Accountability
The incident has reignited discussions about the National Judicial Appointments Commission (NJAC) and the transparency of the Collegium system. The Collegium system was previously criticized for its lack of transparency in judicial appointments before the NJAC was struck down in 2015.
Further Legal Proceedings
- A litigant has urged the Delhi High Court to initiate a civil tax investigation against Justice Varma, though the Chief Justice advised filing a petition.
In-house Inquiry
- Chief Justice of India Sanjiv Khanna has formed a three-member committee to investigate the allegations against Justice Varma.
- Nedumpara’s petition questioned the Committee’s authority, asserting that only police can conduct such investigations, challenging the Collegium's resolution as void.
