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Business Standard
20-05-2025
- Politics
- Business Standard
'No legal sanctity': VP Dhankhar questions probe into Justice Varma case
Vice President Jagdeep Dhankhar on Monday expressed serious concerns over the investigation carried out by the three-judge in-house committee regarding the Justice Yashwant Varma corruption allegations. He questioned the constitutional and legal foundation of the in-house inquiry, suggesting it lacked legitimacy. 'Now, just imagine how much labour has gone to Chief Justices of two High Courts. In one High Court [Punjab and Haryana], the coverage area is two states and a union territory. They were involved in an inquiry which did not have any constitutional premise or legal sanctity. Most importantly, it is inconsequential. The inquiry report may be sent to anyone by a mechanism evolved by the court on the administrative side,' Dhankhar said, as reported by Bar and Bench. 'The incident happened, and for a week, the country of 1.4 billion people did not know about this. Just imagine how many such instances may have taken place. Every such instance impacts the common man,' he said. 'People do not know if this inquiry committee recovered any electronic evidence, and the country is still waiting to know about the money trail, its purpose and the bigger sharks,' Dhankhar said. The entire nation was worried. An incident took place on the intervening night of 14th and 15th of March. A nation of 1.4 billion did not come to know about it till after a week. Just imagine how many such other incidents may have taken place of which we are not in the know.… — Vice-President of India (@VPIndia) May 19, 2025 Need for transparency efforts and reforms Speaking at the launch of the book 'The Constitution We Adopted' edited by senior advocate Vijay Hansaria, Dhankhar commended former Chief Justice of India Sanjiv Khanna for making the initial report public. This move, he said, helped restore some public confidence. On May 8, then CJI Khanna had sent the findings of the in-house panel to the President and the Prime Minister after Justice Varma refused to step down despite the panel's indictment following the discovery of cash at his Delhi residence. Calls to reconsider SC judgment shielding judges c urged a re-examination of the Supreme Court's 1991 judgment in K Veeraswami vs Union of India, which established the current in-house inquiry system. He argued that the verdict provides excessive protection to judges, which in this case, he believes, hampered both the judiciary and the executive from acting decisively, the news report said. He warned of a growing 'scaffolding of impunity' that undermines accountability and transparency, asserting that this system requires urgent change. 'Names are floating today. Several other reputations have become fragile. The system will get purified, it will get an image makeover once the culprits are brought to justice. Everyone is innocent till proven otherwise. This incident is the concrete manifestation of what ails the system today,' Dhankhar said, as quoted by Bar and Bench. He added that only a detailed, scientific probe could resolve the controversy surrounding the case once and for all.
The Print
20-05-2025
- Politics
- The Print
In-house inquiry ‘waste of judicial time'—VP Dhankhar calls for FIR, criminal probe in judge cash row
The Vice President expressed surprise that there was no FIR in the matter two months after the alleged discovery of cash, and wondered why the criminal justice system was not operationalised like it would have been for other individuals. Speaking at a book launch event, Dhankhar said that several reputations have become fragile, following the revelation of burnt notes in the house of a sitting High Court judge. He emphasised that only an expeditious investigation can reveal the 'money trail, its purpose, the bigger sharks behind it, and if it polluted the judicial system'. New Delhi: India's Vice President Jagdeep Dhankhar Monday publicly called for the registration of a criminal case and probe into the alleged discovery of burnt cash at the house of Justice Yashwant Varma in March, while he was holding office in the Delhi High Court. Dhankhar said that the 'system will get purified' and get a 'nice makeover', once the culprits are brought to book by a scientific and thorough investigation. He went a step ahead by questioning the in-house inquiry committee set up by the previous Chief Justice of India Sanjiv Khanna, pointing out that it had no constitutional basis. Justice Khanna had formed a panel of three high court judges to inquire into the incident. On 8 May, he had submitted the report to the government, along with his observation that further action should be initiated against Justice Varma under the Judges (Inquiry) Act. VP Dhankhar took objection to the inquiry panel's constitution, because it had no force of law. According to the Constitution, he said, the chairman of either the Rajya Sabha or Lok Sabha can constitute a panel to probe allegations of misconduct against a sitting judge. Dhankhar even advocated for a review of the 1991 Supreme Court judgment in the Justice Veeraswamy case, which had given rise to the in-house inquiry mechanism, saying that the verdict was then the need of the hour, for which he too had stood up. But now there is a need to revisit it since it has 'neutralised all salvos of accountability and transparency', he said. 'Names are floating. Several reputations have become fragile. People think the system has really suffered something. It's a great challenge. The system will get purified,' he remarked on the need to register an FIR. Also Read: CJI Khanna sends inquiry panel report to President, PM for removal of cash row judge 'Concrete manifestation of what ails the system' On Monday, Dhankhar released senior advocate Vijay Hansaria's book, titled The Constitution We Adopted—a collection of constituent assembly speeches, which gives an insight into the actual Constitution designed by the parents of the Constitution. While applauding Hansaria for the effort he made in presenting the original form of the Constitution, Dhankhar delved into the concept of rule of law and constitutional boundaries. '…We cannot get away from the ground reality today. We celebrate his book release, but we are confronted with the jarring reality. Our judge's residence in Lutyen's Delhi had burnt notes, cash haul, there is no FIR till date,' he said. '…Let this small incident that is agitating the minds of billions, let us give quietest to it by scientific, forensic, expert, thorough investigation that reveals everything and leaves nothing unrevealed. The truth needs to be laid bare…because this incident is a concrete manifestation of what ails the system at the moment,' he added. Dhankhar also questioned the belated disclosure of the incident, a week after the top bosses in the Judiciary learnt about it. 'Just imagine how many such other incidents may have taken place which we are not aware of,' he said, emphasising the need to implement a transparent and accountable mechanism to address corruption in the Judiciary. The Vice President said that it was time the Supreme Court walked the talk by following its motto of delivering justice. 'Truth has to triumph in this case. Nothing but absolute truth has to triumph in this case,' he asserted. Transgression of integrity in the Judiciary, he added, impacts the common man and those who believe in rule of law. 'Therefore, we have to be unsparing about it.' On the inquiry panel set up on the administrative side by the CJI, Dhankhar said he was surprised that the committee, with no constitutional backing or legal sanctity, recovered electronic equipment from individuals. Calling it a serious issue, he said that the committee's inquiry is 'inconsequential' and a 'waste of judicial time' as the report can be sent to anyone on the administrative side and is not legally binding. 'Now just imagine how much labour has gone to chief justices of two high courts. In one high court, the coverage area is of two states,' he said, wondering if the 'country can afford to invest' so much time, on the administrative side, at the cost of judicial work of the high court. According to him, a legitimate committee is one that is constituted only either by the Speaker or the Chairman, as the case may be when a requisite number of Members of Parliament come with a resolution to remove the judge. Impressing on the concept of rule of law, Dhankhar said that there was no occasion to delay for a moment invoking the law in the said case. About the concepts of democracy, he said, all the organs of a State must listen to each other. 'And if one of them believes that its expression alone is right, then democracy is weakened and gets fragile. It's crucial to understand the other point of view and remain accountable for its actions,' he added. As far as Judiciary is concerned, he said, it is necessary to have a robust institution, as it is the safest guarantee for the citizens, and also for the survival of democracy. He praised former CJI Khanna for setting 'very high standards of accountability and transparency'. By putting all documents related to the preliminary inquiry against Justice Varma, Dhankhar said, Khanna acted beyond the expectations of many. He further hoped that the present incumbent, CJI B.R. Gavai would follow in the footsteps. He, however, clarified that he was not casting aspersions on any particular person and that he valued the innocence of a person. But in national interest, he said, the rule of law must be one for all, and that it cannot be divided into two compartments—one for insiders and other for outsiders. The Vice President also cautioned all organs of democracy against constitutional transgressions. 'Democracy as a citadel captures its strength when intact, but suffers acute vulnerability when compromised,' he said, adding that it was a matter of deep concern that the 'constitutional architecture is getting strained by the day and also fragile with infrequent incursions in the domain of each other'. He clarified that he was not specifically speaking about the Judiciary, but also referring to the Executive, and to some extent the Legislature. (Edited by Mannat Chugh) Also Read: As CJI Sanjiv Khanna demits office, a look at his 6-month tenure marked by reforms & timely justice
India Gazette
20-05-2025
- Politics
- India Gazette
"I am also a sufferer": VP Dhankhar echoes CJI Gavai's call for adherence to official protocol
New Delhi [India], May 20 (ANI): Vice President Jagdeep Dhankhar has echoed recent remarks made by Chief Justice of India Bhushan Gavai on protocol, stating that adherence to protocol is 'fundamental' and must be respected across institutions. Speaking at the launch of the book 'The Constitution We Adopted', edited by Senior Advocate Vijay Hansaria, the Vice President said, 'This morning I was reminded of something which is very critical in the country and that is not for oneself. What the present Chief Justice said--we must believe in protocol.' Referring to recent developments, Dhankhar said, 'Chief Justice of the country and protocol is placed very high. When he indicated this, it was not personal, it was for the position he holds, and I am sure this will be kept in mind by one and all.' Chief Justice of India Bushan Gavai made the original remarks on Sunday during a felicitation ceremony organised by the Bar Council of Maharashtra and Goa in Mumbai's Dadar. CJI Gavai said, 'When the Chief Justice of any state visits for the first time, the CP and DG come and meet them. But when told that I came to Mumbai, they didn't come to meet me. I don't want to get into this small thing, but there is some protocol.' VP Dhankar said, 'In a sense, I am also a sufferer. You have seen the photograph of the President and the Prime Minister but not of the Vice-President. Once I demit the office, I'll ensure that my successor has a photograph. But I am really beholden to the present Chief Justice for inviting attention to the people in bureaucracy, adherence to protocol is fundamental.' Meanwhile, Congress leader Udit Raj criticised the absence of senior state officials at the felicitation event, calling it an insult to CJI Gavai and a Dalit holding a top constitutional post. Speaking to ANI, Udit Raj said, 'The Bar Council of Maharashtra and Goa organised a felicitation event for CJI Gavai, who is from Maharashtra. It was his first visit after becoming the Chief Justice of India, but the Chief Secretary and DGP were not present. This is a serious breach of protocol. Gavai always speaks about the Constitution, which has three pillars -- the legislature, executive and judiciary -- and the judiciary is led by the Chief Justice. The absence of these top officials is an insult to a Dalit holding such a high post. BJP cannot support Dalits. Modi ji and the Chief Minister should apologise to the people of the country.' He added, 'CJI Gavai may not have taken it seriously, but we do. This is an insult to the Constitution and to a Dalit. BJP is the B-team when it comes to Dalit issues. They cannot tolerate a Dalit in such a top position.' He demanded action against the officials, saying, 'The DG Police and Chief Secretary should be removed from their posts for not attending the CJI's event.' (ANI)
India Gazette
20-05-2025
- Politics
- India Gazette
"No FIR to date, need to find out bigger sharks": VP Jagdeep Dhankhar on Justice Yashwant Varma case
New Delhi [India], May 20 (ANI): Vice President Jagdeep Dhankar has raised concerns over the probe by a panel of three judges into allegations of discovery of unaccounted cash at the official resident of Justice Yashwant Varma during a fire incident in March this year, wondering that there is no FIR to date and everyone in the country is now thinking 'whether this will be washed off.' VP Dhankhar spoke at the book launch event of 'The Constitution We Adopted (with Artworks)', edited by Vijay Hansaria, Senior Advocate, Supreme Court of India, at Bharat Mandapam in New Delhi on Monday. 'We're confronted with the jarring reality. A judge's residence in Lutyens Delhi had burnt notes. There is no FIR to in the country is now thinking whether this will be washed off or fade with time, and they are really concerned. How come the criminal justice system was not operationalised as it would have been done for every other individual?... This issue for which people are waiting with bated breath, the money trail, its source, its purpose,' he said. Furthermore, the Vice President asserted that there have already been two months into the matter and an investigation must be conducted with 'expedition'. 'Did it pollute the judicial system? Who are the bigger sharks? We need to find out. Already two months have gone by. An investigation is required to be conducted with expedition. So is the case with the registration of an FIR. I do hope and believe that the Supreme Court acted the very best so far because it had a legacy issue of judgments imparted in 90s,' Jagdeep Dhankhar said. 'But now is the time to take a call. Partly the confidence has been restored by Justice Khanna. When you put in public domain documentation which people thought will never be shown to them. That was a big step by him to project accountability and transparency. If democratic values have to prosper, I am sure this is a test case. There must be a swift investigation by those concerned with the investigation,' VP Dhankhar added. A panel of judges tasked with conducting an internal inquiry into allegations of cash being discovered at Justice Yashwant Varma's official residence submitted its report to the then Chief Justice of India Sanjiv Khanna on May 4. The Chief Justice of India constituted this committee on March 22 to examine the allegations against Justice Yashwant Varma, a sitting judge of the High Court of Delhi. (ANI)
Indian Express
19-05-2025
- Politics
- Indian Express
In-house probe has no legal sanctity: VP Jagdeep Dhankhar on Justice Yashwant Varma case
QUESTIONING THE in-house probe by a panel of three judges into allegations of discovery of unaccounted cash at the official residence of Justice Yashwant Varma during a fire incident in March this year, Vice-President Jagdeep Dhankhar Monday said it 'does not have any constitutional premise or legal sanctity but most importantly it will be inconsequential', and wondered why no FIR has been registered in the matter yet. Stressing on the need for an FIR, Dhankhar said, 'People are waiting with bated breath… The money trail, its source, its purpose, did it pollute the judicial system? Who are the bigger sharks? We need to find out.' 'Already two months have gone by… investigation is required to be (done expeditiously). So is the case with the registration of an FIR,' he said while speaking at the launch of a book, The Constitution We Adopted, edited by senior advocate Vijay Hansaria. Stating that the incident 'is agitating mind of billions', Dhankhar said there is a need for 'scientific, forensic, expert, thorough investigation that reveals everything and leaves nothing unrevealed. The truth needs to be laid bare'. Dhankhar also called for revisiting the 1991 K Veeraswami judgment, which laid down that prior sanction is needed for prosecuting judges, saying it had 'erected scaffolding of impunity' around the judiciary. On March 22, the then Chief Justice of India Sanjiv Khanna had set up a three-member in-house committee to inquiry into the allegations around Justice Varma. The committee in its report is learnt to have found the allegations credible. Justice Varma, who was transferred to Allahabad High Court from Delhi High Court days after the charges surfaced, has denied the allegations. In his address, Dhankhar said, '…we cannot get away from the ground reality today. We celebrate the book release, but we are confronted with the jarring reality. Our judge's residence in Lutyens Delhi had burnt notes, cash haul, there is no FIR till date.' He said in a country governed by rule of law, 'there can be no occasion whatsoever to delay even for a moment… because that is ordainment of law. The rule of law is the very foundation of society'. 'Democracy has to be defined primarily by three aspects — expression, dialogue and accountability. If expression is throttled, democracy is weakened. But if one enjoying expression believes I alone am right and does not want to listen to the other point of view, then democracy gets fragile because that is arrogance personified. The other point of view has to be understood and similarly, accountability,' Dhankhar said. 'The surest way to degenerate an individual or bring down an institution is to keep it away from probe, keep it away from scrutiny. Which means the institution becomes, the individual becomes rule unto oneself. And therefore, if we have to really nurture democracy…it is inescapable that we hold every institution accountable and every individual accountable and in accordance with law.' Indicating that his words were well-intended, Dhankhar said, 'I will not do anything which in the remotest form will compromise the dignity of the judiciary.' Pointing out that two of the judges in the inquiry panel were Chief Justices, he said, 'They involved with an inquiry which does not have any constitutional premise or legal sanctity but most importantly it will be inconsequential. The inquiry report may be sent to anyone under the mechanism evolved by the court on the administrative side.' 'Can in this country we afford to invest so much time at the cost of administrative work of the Chief Justice of a High Court, judicial work of the High Court?' Dhankhar said the Supreme Court did what it could, given the existing mechanism, which 'evolved by a judgment in early 90s', and called for revisiting the process 'because the scenario is indeed one for which every person in the country is waiting'. 'They want nothing but the full truth to come out. They cannot wait any longer, because this concerns the judicial institution,' he said. 'I am full of optimism and hope that your legacy issues that deters from responding to the sublimity of accountability and transparency will be overcome by revisitation.' Pointing out that he raises issues concerning the judiciary 'because a robust independent judicial system is the safest guarantee for the citizen and also for survival of democracy', Dhankhar said 'the judicial landscape is changing for the better.' Praising former CJI Khanna, he said: 'Partly, the confidence (in the judiciary) has been restored by (former) CJI Khanna when they put on public domain, documentation which people thought will never be shown to them. That was a big step by him to project accountability and transparency. If democratic values have to prosper, I'm sure this is a test case. There must be swift investigation by those concerned with investigation.' Dhankhar said he 'focused on' the Justice Varma case 'because this incident is a concrete manifestation of what ails the system at the moment'. 'The entire nation was worried. An incident took place on the night in March. A nation of 1.4 billion did not come to know about it till after a week. Just imagine how many such other incidents may have taken place of which we are not in the know of!' The Vice-President also agreed with concerns expressed by CJI B R Gavai about the protocol violations during the latter's visit to Maharashtra on Sunday. 'This morning I was reminded of something which is very critical in the country. And that is not for oneself, what the present Chief Justice said. We must believe in protocol. The Chief Justice of the country and protocol is placed very high. When he indicated this, it was not personal. It was for the position he holds. And I'm sure this will be kept in mind by one and all…'
