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Informist, Friday, Mar. 28, 2025

 

--SC junks PIL for FIR against Justice Varma amid cash recovery allegations

 

NEW DELHI – The Supreme Court Friday refused to entertain a public interest litigation seeking registration of a first information report against Justice Yashwant Varma amid allegations that a huge pile of cash was found at his residence in Delhi. The petitioner Mathews J. Nedumpara, an advocate, and others have contested an apex court's verdict of 1991, that held no criminal case shall be registered against a judge of a high court, chief justice of a high court or judge of the Supreme Court unless the Chief Justice of India is consulted in the matter.

 

The apex court said an in-house inquiry is ongoing against Justice Varma by a three-member committee formed by it. If the report by the committee points to a wrongdoing, an FIR can be directed or the matter can be referred to Parliament, said the top court. Today is not the time to consider it, said the apex court. 

 

"After the report is submitted by the committee, there will be several options open before the Chief Justice of India," said the court. Therefore, it is not correct to entertain the plea at this stage, it added. The apex court also refused to reconsider its 1991 verdict at this stage.  

 

The observation of the court in 1991 was passed in ignorance of law, without noticing that the police was under a statutory duty to register an FIR when it receives information of a cognizable offence, and the said direction of the court is nothing short of restraining the police from discharging their statutory duty, said the petitioners.

 

The Supreme Court on Saturday had formed a three-member committee to conduct an inquiry into allegations that a huge pile of cash was found at Justice Yashwant Varma's residence after a fire had broken out in his place. When the fire broke out in his house, Justice Varma was not in town and his family members called the fire brigade, which found the cash and later, the police were informed. On Monday, the Supreme Court's collegium recommended his transfer to the Allahabad High Court.

 

In Justice Varma's case, no FIR has been filed, the petitioners said. The public perception is that very effort will be made to cover up the issue, to the extent even the initial statements regarding recovery of money is now being refuted, the petition added. 

 

Justice Varma in his explanation has stated that it is not his money, that he never kept any money, and is fully taken aback by it. Then, why did he not report to the police and seek the registration of an FIR of an attempt to falsely implicate him, the petitioners asked. Why did he not at all report the matter to the Chief Justice of the Delhi High Court and the Chief Justice of India, questioned petitioners. "The case at hand is an open and shut case. It is a case of a holding black money accumulated by selling justice," the petitioners added.  End

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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