New Delhi: Legal experts on Sunday, March 23, lauded Chief Justice of India Sanjiv Khanna’s decision to put crucial documents relating to a controversy surrounding the alleged discovery of cash from Delhi High Court judge Yashwant Varma’s residence in the public domain and constituting an in-house committee to further inquire into the matter.
While senior advocate Sanjay Hegde said the CJI must be commended for enforcing openness and putting things out in the public domain, senior lawyer Indira Jaising expressed satisfaction over the setting up of the in-house inquiry panel and said people should wait for its outcome.
Saluting the wisdom of the CJI and other members of the Supreme Court collegium for releasing the inquiry report of Delhi High Court Chief Justice D K Upadhyaya, senior advocate Adish C Aggarwala said, “Let the in-house committee make an independent inquiry and submit the report to the chief justice of India for taking appropriate decisions.”
Hegde, who described a video of the purported currency-discovery incident as “deeply distressing”, said irrespective of the question of innocence or guilt of the judge concerned, the very fact that so much money is ostensibly being seen burnt in proximity to his house raises many questions.
Also ReadNo cash kept in storeroom either by me or my family members: Justice Varma
“It also tends to lower the image of the judiciary. Irrespective of the question of guilt or innocence, I think a full inquiry and corrective action is required. The chief justice of India must be commended for enforcing openness and putting things out in the public domain.
“Sunlight is the best disinfectant. This shows that even if there are distressing facts, the judiciary is open about it and the process of law will take over,” Hegde added.
Jaising said her only demand was for complete transparency in the functioning of the collegium and added that the citizens of India have a right to know what is going on.
“I am satisfied with the action that has been taken by the chief justice of India in setting up the in-house inquiry committee. All of us need to await the outcome of that inquiry. I also believe that the judge in question has a right to natural justice and he is as much entitled to his point of view as anyone else,” she said.
Jaising said when police were informed about the fire, it was their duty to register an FIR so that they could check if there was an arson.
“We do not know whether this fire was actually lit by somebody or whether it was accidental. They are vital witnesses to what happened, because nobody was there. The judge in question was not there. The chief justice of the high court was not there. The chief justice of India was not there. The only people who were on the scene of crime were the staff and therefore, they have a critical role to play in this inquiry,” she added.
Aggarwala requested the Centre to accept the Supreme Court collegium’s proposal to transfer Justice Varma to the Allahabad High Court.
He said this will help in conducting an independent inquiry as the witnesses will give statements free from any fear.
He further said this will also provide an opportunity to Justice Varma to start his judicial work at the Allahabad High Court.
Former Supreme Court judge Markandey Katju said he knows the last three generations of Justice Varma and believes that the allegations against him are not true.
“The chief justice of India has formed a three-member committee of three chief justices (of high courts) who will probe the incident. I cannot say much because investigations are underway and Justice Varma’s version has come in. We need to wait for the committee’s findings,” he said.
Justice Katju further said, “I have known his family for the last three generations…. I am from Allahabad too and his family is highly reputed. I think these allegations against him are not right.”
When the matter of alleged cash discovery came to light on March 21, it drew strong reactions from legal experts, who questioned the collegium’s decision on Justice Varma’s transfer and demanded his resignation.
While senior advocate Vikas Singh called the matter “very serious” and said the judge should be asked to resign, senior lawyer Rakesh Dwivedi said the apex court should hold an in-house inquiry and ascertain all facts after offering an opportunity to the judge to present his version of the events.
Advocate Kamini Lau, a retired Delhi district court judge, said the shocking incident struck the very foundation of public trust in the judiciary and was “profoundly demoralising” for the legal fraternity.
In an unprecedented move, the top court, late on Saturday evening, uploaded on its website the inquiry report of Justice Upadhyaya — complete with photos and videos — regarding the alleged discovery of a substantial amount of cash from Justice Varma’s residence.
Justice Upadhyaya’s report to the CJI contains material with regard to official communication that says four to five semi-burnt sacks of Indian currency notes were found from the judge’s Lutyens’ Delhi residence.
Justice Varma has strongly denounced the allegations in the currency-discovery row and said no cash was ever placed in the storeroom of his residence either by him or any of his family members.
In his response to the Delhi High Court CJ, Justice Varma has said the allegation of cash discovery from his residence clearly appears to be a “conspiracy to frame and malign him”.
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