The
Supreme Court on Friday declined to entertain a petition seeking the
registration of a First Information Report (FIR) against Delhi High Court
Justice Yashwant Varma, from whose residence a large sum of unaccounted cash
was allegedly recovered on March 14.
A
bench comprising Justices Abhay S Oka and Ujjal Bhuyan refused to admit the
plea filed by advocates Mathews J Nedumpara and Hemali Suresh Kurne, citing
that an in-house inquiry set up by Chief Justice of India (CJI) Sanjiv Khanna
was already investigating the matter. The court stated that if any wrongdoing
is found, due legal action will follow.
“The
in-house inquiry is ongoing. If the report finds something wrong, an FIR can be
directed, or the matter can be referred to Parliament. Today is not the time to
consider it,” the bench said.
Nedumpara,
pressing for an FIR, referenced a case in Kerala involving allegations against
a retired judge in a Pocso case, arguing that courts cannot shield judges from
criminal investigation.
“The common man keeps asking why no FIR was
registered on March 14. Why was there no arrest, no seizure, no criminal action?
Why did it take a week for the scandal to come to light?” Nedumpara argued.
To which, Justice Oka responded,
“You must educate the common man about Supreme Court judgments laying down the
law.” The bench also reiterated that since the in-house probe was ongoing, it
would not interfere at this stage.
The Supreme Court subsequently
dismissed the petition, stating in its order: "As seen from the Supreme
Court website, in-house inquiry proceedings are underway. After the report is
submitted, several options will be open to the Chief Justice of India. At this
stage, it is not appropriate to entertain this plea.”
The controversy erupted days
after a fire at Justice Varma’s residence led to the discovery of large sums of
cash. The incident triggered allegations of corruption, which Justice Varma has
denied, claiming he is being “framed”.
A video of the recovered burnt
cash was reportedly shared by the Delhi Police Commissioner with the Delhi High
Court Chief Justice and later uploaded to the Supreme Court’s website. The
court also published a report by the Delhi High Court Chief Justice on the
incident, along with Justice Varma’s response.
In response to the allegations,
CJI Khanna initiated an in-house probe and set up a three-member committee on
March 22. The committee has already begun its investigation.
Amid the controversy, the
Supreme Court Collegium, on March 24, recommended Justice Varma’s transfer back
to his parent court, the Allahabad High Court. However, the central government
has yet to approve the recommendation.