A fire put Judiciary Under scanner
New Delhi: ‘See you in court’– a phrase often used as the final note of caution in disputes captures the essence of the judiciary’s role as the ultimate arbiter of justice.
Judges, vested with the power to alter the course of people’s lives and shape critical legal precedents, are among the most respected figures in society.
Trust and belief — that is how the judiciary is looked up to. However, when the name of a sitting High Court judge gets linked to allegations of large sums of money, shock inevitably follows. Even more distressing is the aura of intrigue surrounding the incident, which has triggered intense debates and calls for transparency and accountability.
Whether the allegations are true or not is for the Apex Court to determine, but this controversy has brought the judiciary face-to-face with a deeply uncomfortable moment.
It arises at a time when other pillars of democracy and key institutions are under scrutiny, challenged both by opposition parties and civil society groups. It is this very moment that demands the judiciary’s serious attention.
There have been murmurs about various issues related to the judiciary. But the fear of contempt has forced silence. There may be black sheep in the system, as are in other places.
But the stories never come out here. There is a wall beyond which only the judicial system has space, and no one else can speak or comment or discuss. The lords have their own world.
Little could the personnel of the Delhi Fire Brigade have imagined that responding to a fire at a judge’s residence would lead to the discovery of crores in cash.
On March 14, at around 11:30 p.m., a fire broke out at the residential premises of Justice Yashwant Varma, the sitting judge of the Delhi High Court. It is being reported that it was a call regarding a fire in the storeroom, and two fire tenders doused the flames quickly.
During the process, reportedly, fire brigade personnel and the police stumbled upon “jute sacks full of cash.” Whether this is true or false, the authorities need to answer; the media was full of news, even carrying the name and picture of the sitting judge.
After much rumour-mongering about the incident, the top court, in an unprecedented move in the interest of transparency, made public the report submitted by Delhi High Court Chief Justice D.K. Upadhyaya. It released the video shared by the city’s Commissioner of Police with the Chief Justice of the Delhi High Court (HC) showing the burnt cash piles purportedly at the residence of Justice Yashwant Varma. The report also includes Justice Varma’s response to the allegation and documents linked to the matter.
The incident is now under top court’s scrutiny after Chief Justice of India (CJI) Sanjiv Khanna constituted a three-member committee to conduct an inquiry against Justice Varma.
Big legal luminaries are speaking up not just about the incident but seeking a mechanism for transparency and accountability in the whole judicial system.
Senior lawyer and Rajya Sabha member Kapil Sibal said the “issue of corruption within the judiciary was a very serious one” and that “this has been articulated by senior counsels and lawyers several times.”
Former Attorney General of India and senior lawyer Mukul Rohatgi has talked about the “urgent need to overhaul the judiciary’s systems, particularly in appointments, disciplinary actions, and removal procedures.”
Senior Supreme Court advocate and BJP leader Nalin Kohli said this was a “very serious matter,” and “questions will be raised.”
This is not the first time that the judiciary has come into focus because of an unpleasant situation. Its undue activism, at times, has also been criticised.
In July 2015, the Supreme Court was opened for judges to hear at 3 a.m., the final plea against the execution of Yakub Memon for his role in the 1993 Mumbai blasts case. It was an unprecedented move as never before was the Supreme Court opened at 3 a.m. for a hearing. After about 90 minutes, the judges rejected Memon’s appeal to stop his execution, and he was hanged in Nagpur jail a little before 7 a.m. on July 30, 2015.
If the court acknowledged the case situation in the Memon plea case, the displaced Kashmiri Pandits have failed to get sensitivity from the judiciary. Their pleas for a probe into the terrorist-perpetrated genocide of Pandit community members in Kashmir in 1989-90 was dismissed by the top court by saying “no case is made out.”
Ironically, a senior Supreme Court judge (now retired) acknowledged in the Article 370 verdict of 2023 that little had been said about the plight of Kashmiri Pandits — possibly because they did not constitute a significant electoral group to attract political intervention.
While judicial activism may or may not always be praiseworthy, corruption is a serious issue.
A small fire in a judge’s home has set out a raging inferno within the judicial system that needs to be dealt with carefully. It is time for serious introspection and decisive action. Ignoring the situation would be akin to burying one’s head in the sand. The judiciary must be only about — ‘see you in court’ feeling — the ultimate justice giver. And most people have faith.
(Deepika Bhan can be contacted at deepika.b@ians.in)
*Except for the headings & sub-headings, this story has not been edited by The enewstime.in and has been published from IANS feed
