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Hindustan Times
3 days ago
- Politics
- Hindustan Times
Cash controversy: SC should allow filing of FIR against justice Varma, says Dhankhar
Vice president Jagdeep Dhankhar on Friday asserted that in the backdrop of the indictment of justice Yashwant Varma by a panel appointed by the Supreme Court in the 'cash' seizure case, the judiciary should have given permission for launching criminal proceedings against him. Dhankhar, during a meeting with the executive committee members of Punjab and Haryana High Court Bar Association led by president, Sartej Narula at Punjab Raj Bhawan in Chandigarh on Friday morning, also said that the present government at the Centre is 'handicapped' in the given scenario and can't register an FIR due to a Supreme Court judgment, passed three decades ago. 'It (judgment) provides virtually impregnable cover. Unless permission is accorded by a functionary at the highest level in the judiciary, an FIR can't be registered,' Dhankhar remarked. 'The permission (to register FIR) should have been given on the very first day. …A compulsive, expedient situation should have been there because the mechanism evolved is the same. Second, it could have been given at least after the report,' added Dhankhar, who arrived in Chandigarh on Thursday. After spending a day at the Punjab Raj Bhawan, he headed to Himachal Pradesh. Dhankhar emphasised that judges need protection because they make 'tough decisions and cannot be subjected to investigation in a routine way. 'But the facts of this case warranted a proper probe,' he stated. While referring to the panel of three judges set up by the Supreme Court, Dhankhar, questioned the sanctity of the committee and said, whether the report submitted is 'actionable' and whether this committee can substitute for an FIR investigation. Dhankhar equated those indulging in corruption with 'sharks' and said that they must not be spared. He underlined that no other constitutional office has immunity from facing criminal action while in office. The President and the governors have immunity from prosecution only till they are in office, he further remarked. Dhankhar appreciated the role of Bar associations in the country in picking up this issue and said that lawyers are 'watchdogs' of democracy. On May 5, a three-member in-house enquiry committee submitted its report to the then CJI confirming that cash was indeed found at the residence of justice Varma in March, then a sitting Delhi high court judge. Acting on the same, then CJI Sanjiv Khanna initiated the process for the removal of justice Varma by writing to the government. Reports suggest that the government might move an impeachment motion against justice Varma in the Monsoon session.
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Business Standard
3 days ago
- Politics
- Business Standard
Justice Varma case: Can't lodge FIR due to judicial order, says Dhankhar
Vice-President Jagdeep Dhankhar on Friday said the government of the day is handicapped, as it can't register an FIR because there is a judicial order. Dhankhar's made the remarks in connection with the Justice Yashwant Varma episode. A fire broke out at Varma's residence in the national capital in March when he was a judge in the Delhi High Court, leading to the discovery of several burnt sacks of cash from the outhouse. Dhankhar was interacting with a delegation of the Punjab and Haryana High Court Bar Association here. The four members of the Bar association led by its president Sartej Singh Narula called on the vice-president at the Punjab Raj Bhavan, where Dhankhar arrived on Thursday evening before travelling to Shimla on Friday. Narula later said the matter pertaining to Justice Varma came up during general discussions. According to an official statement issued on Friday evening, the vice-president said, "The government of the day is handicapped. It can't register an FIR because there is a judicial order, which is more than three decades old. "It provides a virtually impregnable cover. Unless permission is accorded by a functionary at the highest level in the judiciary, an FIR can't be registered. "So I pose a question to myself, in deep pain, worried and concerned -- why was that permission not given? That was the minimum that could have been done at the earliest occasion". He added, "I have raised the issue. If a motion is brought to remove a judge, is that the answer? If a crime was committed, a culpable act shaking the foundations of democracy, why wasn't it punished?" "We have lost more than three months, and the investigation has not even been initiated. Whenever you go to court, they ask why the FIR was delayed. "Does the committee of judges have a constitutional sanction? Does it have statutory sanction? Can its report result in any outcome? Can the report, by itself, be actionable? The Constitution says the mechanism to remove a judge can be initiated either in the Lok Sabha or the Rajya Sabha," Dhankhar added. The vice-president said even the president of India or the governors have immunity from prosecution only till the time they are in office. "No other constitutional office enjoys this immunity, and that too while in office," he said. "I hope an FIR is filed," Dhankhar said. "Let us not destroy the idea of democracy. Let us not dilute our ethical standards. Let us not decimate integrity. A very painful incident happened mid-March in Delhi at the residence of a sitting judge. There was a cash haul, obviously tainted, unaccounted, and illegal," he added. The incident appeared in the public domain after 6-7 days, he said. "Imagine what would have happened had it not appeared (in public domain). We don't know if it was an isolated incident. Whenever such a cash haul is made, the system has to find out whose money was it. What was the money trail? Where did the loose cash come from? Were big sharks involved? Did the money influence judicial work? All these questions bothered lawyers and common people alike," Dhankhar said. "Let the skeletons come out of the closet. Why was there no FIR? Why has there been no probe," Dhankhar asked. The vice-president added that he was happy that the Bar associations are picking up the issue, which will restore people's confidence. "If you remember the famous case -- Sarwan Singh vs State of Punjab, 1957 -- the gap between establishing the truth is sometimes very thin. The distance between 'may be true' and 'must be true' is very thin. But this thin distance has to be negotiated by evidence of unimpeachable veracity. "I am not aware as to who is guilty. But one thing is for sure -- a crime of great enormity took place which shook the foundations of the judiciary and democracy. I hope the matter will be addressed," Dhankhar said. On Wednesday, Parliamentary Affairs Minister Kiren Rijiju underlined the government's resolve to take all political parties on board in moving an impeachment motion against Justice Varma, saying corruption in the judiciary cannot be approached through a "political prism". Rijiju told reporters that he has already initiated discussions with all the political parties to bring the motion in Parliament's Monsoon Session starting July 21 against Varma. Although Varma claimed ignorance about the cash discovery, a Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement. The apex court has since transferred Varma to his parent cadre, the Allahabad High Court, where he has not been assigned any judicial work.
India Gazette
3 days ago
- Politics
- India Gazette
Vice President Dhankar demands investigation into 'cash haul' incident involving Justice Yashwant Varma
Chandigarh (Punjab) [India], June 6 (ANI): Vice President Jagdeep Dhankhar on Friday expressed concern over the recent cash controversy involving former Delhi High Court judge Justice Yashwant Varma. A substantial amount of unaccounted cash was discovered at Justice Varma's residence after a fire broke out in mid-March. The incident has sparked widespread debate and scrutiny. He questioned the absence of an investigation into the issue and why no FIR was registered for the same. The Vice President said, 'A painful incident happened in mid-March in Delhi at the residence of a sitting judge. There was a cash haul, obviously tainted, unaccounted, illegal. And unexplained!... It appeared in the public domain after 6-7 days....' Interacting with members of the Punjab and Haryana High Court Bar Association in Chandigarh today, the Vice-President further added, 'I have raised the issue. Ultimately, is that the answer if a motion is brought to remove a judge? If there has been a crime, a culpable act shaking the foundations of democracy -- the rule of law, why wasn't it punished? We have lost more than three months, and the investigation has not been initiated. Whenever you go to court, they ask why the FIR was delayed.' Earlier on March 22, the Chief Justice of India constituted a three-member committee, comprising Justice Sheel Nagu, Chief Justice of the High Court of Punjab and Haryana, Justice GS Sandhawalia, Chief Justice of the High Court of Himachal Pradesh, and Justice Anu Sivaraman, Judge of the High Court of Karnataka, to examine the allegations against Justice Yashwant Varma, a sitting judge of the High Court of Delhi. The committee concluded its investigation and presented its findings in a report dated May 3. Referring to the same, Dhankar questioned if the committee has 'a constitutional sanction.' 'Does the committee of judges have a constitutional sanction? Does it have statutory sanction? Can this report result in any outcome? Can this report, by itself, be actionable? If a judge removal mechanism is there, the Constitution says this removal mechanism can be initiated either in the Lok Sabha or the Rajya Sabha. This is the only way. Then this committee cannot substitute for an FIR investigation...,' Dhankar said. He stressed that 'even the President and Governors' are immune to prosecution 'till they are in office', and that no other body is provided with this immunity. The Vice President further hoped that an FIR would be filed soon. 'I find it very soothing and must congratulate you that the bar associations in the country are active on it. I hope an FIR is filed,' Dhankar stated. On April 5, Justice Yashwant Varma was sworn in as a judge of the Allahabad High Court under unusual and contentious circumstances. Departing from the customary public ceremony, his oath-taking was conducted privately, a decision that has garnered significant scrutiny. This development coincides with an ongoing investigation into allegations concerning the recovery of partially burnt sacks of cash at his residence weeks prior. Despite his formal induction, Justice Varma has not been assigned any judicial or administrative responsibilities, according to court insiders. His transfer from the Delhi High Court to the Allahabad High Court has been met with scepticism, particularly following the filing of a Public Interest Litigation (PIL) before the Lucknow bench of the Allahabad High Court. The PIL urged the Chief Justice to defer the swearing-in until the inquiry reached its conclusion. The controversy has elicited strong reactions from the legal community. The Allahabad High Court Bar Association has openly criticised the Collegium's decision, expressing its disapproval through a strongly worded letter addressed to the Chief Justice and other judges. The association condemned the appointment, declaring, 'We are not a dumping ground,' and called for enhanced transparency and accountability in judicial appointments. As the inquiry progresses, Justice Varma's future role within the Allahabad High Court remains uncertain. Legal experts and observers continue to monitor developments closely, as the situation has raised broader concerns regarding judicial integrity and the processes governing appointments within India's judiciary. According to the official website of the Allahabad High Court, Justice Varma obtained his Law degree from Rewa University in 1992 and was enrolled as an Advocate on August 8 of the same year. Throughout his career, he primarily practised civil law, handling cases related to Constitutional Law, Industrial Disputes, Corporate Matters, Taxation, Environmental Issues, and related fields. He served as special counsel for the Allahabad High Court from 2006 until his elevation in 2012. (ANI)
Indian Express
08-05-2025
- Politics
- Indian Express
Punjab and Haryana High Court Bar Association declares May 9 a ‘No Work Day'
The Punjab and Haryana High Court Bar Association Thursday declared Friday, May 9, a 'No Work Day' in view of what it described as a 'sensitive situation' and an 'imminent threat posed by separatist forces.' In a notice issued by honorary secretary Gagandeep Jammu, the Association cited security concerns and the ongoing blackout as reasons behind the decision. 'This decision has been taken in the interest of ensuring the safety and security of all Bar members,' the statement read. The announcement comes amid heightened alert in the region, with educational institutions ordered shut across Punjab, parts of Haryana, and Chandigarh. While the High Court is expected to remain formally open, courtrooms are likely to see limited functioning as advocates stay away in solidarity with the Bar's advisory.
