Judge Cash Video: PIL Filed in Supreme Court Seeking Directions for Delhi Police to Register FIR in Scandal

New Delhi: A petition has been filed in the Supreme Court by an SC advocate, seeking directions for the Delhi Police to register an FIR after the judge cash video in the biggest scandal of the Indian judiciary.

The judiciary has been facing major questions on its transparency after the alleged recovery of burnt cash at the residence of Delhi High Court judge Yashwant Varma, following a fire incident on March 14.

Also Read: Cash Found at Justice Yashwant Varma's Home: Three-Member Panel to Take Forensic Dept Help to Probe Burnt Notes' Videos

Judge Cash Video: Petition Filed in Supreme Court Seeking Registration of FIR

A petition has been filed in the top court by Matthew Nedumpara, a Supreme Court advocate seeking directions to the Delhi Police to register an FIR in the case of alleged recovery of cash from the residence of Delhi High Court Judge Yashwant Varma, on the night of March 14. 

SC Advocate Files Petition in Top Court - Key Points

• Registration of FIR

The petition has questioned the delay in the registration of FIR and has emphasised on the importance of registering an FIR, even after the delay. As per Point 4 of the petition's synopsis reads, “In Justice Yashwant Varma’s case no FIR has been filed to the knowledge of the Petitioners. 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. However, the Supreme Court uploading on its website the report of the Hon’ble Chief Justice of the High Court of Delhi along with the explanation from Justice Varma and the video of the fire force dousing huge volumes of currency notes, has to some extend helped public trust to be restored.”

Point 5 read, “However, the common man and media channels, not lawyers and judges who comment on public platforms, keep asking the same question, why no FIR was registered on 14th March, on the day of the occurrence. Why no arrests were made, why the money was not seized, why no mahazarprepared, why the criminal law was not put into motion. Why it took over almost a week for the public to know about the scandal. Why did the Supreme Court and its collegium not tell the public at large that such a shocking incident had happened and that it is in possession of the videos and records sent to it by the Ministry of Home and other agencies, so also, why did the Chief of the fire force go on to deny that no cash was recovered and thereafter contradict it. Justice Varma in his explanation has stated that it is not his money, that he never kept any money, he 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. Why did he not at all report the matter to the Chief Justice of the Delhi High Court and the Chief Justice of India. The case at hand is an open and shut case. It is a case of a holding black money accumulated by selling justice. Even attempting to believe Justice Varma’s own version, the question still remains as to why he did not file an FIR. Filing an FIR even belatedly is absolutely necessary to enable the police to enable the police to investigate the conspiracy aspect.”

Also Read: Delhi High Court Withdraws Judicial Work from Justice Yashwant Varma Ahead of Probe

• 3-Judge Committee Constituted for Probe

As per the petition, Supreme Court's decision to constitute a three-judge committee to investigate this serious issue cannot be justified and that it is the Delhi Police who must carry forward the investigation. Point 6 says, “The collegium in appointing a committee of judges to conduct an in-house inquiry, instead of directing that an FIR shall be lodged, has done a great disservice to public interest, the fair name and the reputation of the Supreme Court and the institution of judiciary and even Justice Varma if one were to believe his version, which is ex facie absurd."

• Judicial Standards and Accountability Bill 2010

The petition has also sought directions to the government to take effective and meaningful action to prevent corruption at all levels of the judiciary, including the reintroduction of the Judicial Standards and Accountability Bill, 2010, which has lapsed. Point 10 of the writ petition filed by Matthew Nedumpara says, “The Government which represents the people and is accountable to them, therefore, tabled the Judicial Standards and Accountability Bill, 2010. The Bill contemplated a mechanism for citizens to file complaints against judges for misconduct and a committee to investigate the same. The bill was a well-balanced one, keeping in mind the need to protect the judges against motivated and false complaints, and the at the same time providing for a meaningful mechanism to proceed against those who have indulged in corruption and malpractice. However, the said bill did not become a law because the then government lacked the political will and statesmanship to withstand the objections raised by certain quarters, including judges. The resultant scenario as we find today is extremely detrimental to the reputation of the very institution of judiciary, so too our democracy. There can be no two opinions that the greatest of safeguard that the judiciary can hope for is the public confidence and the faith of the people in the independence, impartiality, erudition and above all, the probity of the judges.”

Also Read: How Cash Was Unearthed from Judge’s Home & Supreme Court Finally Admitted So: A Timeline of Justice

Touted as the biggest scandal in Indian judiciary, unaccounted burnt cash was recovered from the storeroom of Justice Yashwant Varma, Delhi High Court judge's residence, after a fire broke out on the night of March 14. The sitting judge was transferred to his parent high court, the Chief Justice of Delhi High Court conducted a probe and submitted the report to the CJI. Following this, the Supreme Court uploaded online, the Delhi Chief Justice Devendra Kumar Upadhyaya's report, CJI Sanjiv Khanna's response, Justice Yashwant Varma's written statement and photos and videos including the Judge Cash Video, from the night of the fire accident. A three-member committee has also been constituted by the CJI, which has begun probe and held its first meeting today.