Updated March 21st 2025, 16:27 IST
New Delhi: In a hard-hitting, no-holds-barred interview, Senior Advocate of the Supreme Court and King’s Counsel, UK, Harish Salve spoke exclusively with Republic Media Network’s Editor-in-Chief on India’s biggest judicial corruption scandal. After a large amount of unaccounted cash was found at Justice Yashwant Verma’s residence on March 14, following a fire, Salve launched a scathing attack on the system, demanding accountability and urgent reforms. With the nation’s attention on the case, he exposed deep flaws within the judiciary, calling for immediate action to restore its integrity.
The controversy surrounding Justice Verma—appointed to the Delhi High Court in 2021—erupted during Holi last week when a fire broke out at his (Justice Varma) Delhi bungalow, requiring firefighters to intervene. While dousing the flames, they found a stash of cash and alerted the police. As the shocking revelation surfaced, the Supreme Court collegium led by CJI Sanjiv Khanna ordered Justice Verma’s transfer. For the unversed, Justice Varma took oath as Delhi High Court judge in October 2021. He was appointed as a judge in Allahabad High Court on October 13, 2014.
When asked about his initial observations and whether the collegium made the right decision in recommending Justice Verma's transfer, Harish Salve, speaking to Arnab, once again delivered a scathing critique of the collegium system, calling it deeply flawed.
"I have been a trenchant critic of the collegium system, and this exposes yet another strong fault line in this whole construct by which the entire judiciary is administered," Salve asserted, as India grapples with its biggest judicial corruption scandal. Notably, the Supreme Court Collegium has decided to transfer Justice Varma from the Delhi High Court to his parent Allahabad High Court on the allegations of recovery of huge cash from his residence in the National Capital.
Salve strongly criticized the collegium's decision to transfer Justice varma, calling it an unacceptable response. "Judges are like Caesar’s wives and must be above suspicion," he asserted.
Drawing comparisons, he questioned the consequences if such a large sum of cash—₹50 crore or ₹20 crore—had been found in the possession of a civil servant or a minister, asserting that the Enforcement Directorate (ED) would have taken immediate action.
Salve further argued that merely transferring an official suspected of wrongdoing shifts the problem from one court to another, rather than addressing the core issue. "No court is a dustbin where you send people of questionable character," he said, slamming the move as inadequate and improper.
Further, coming down heavily on the collegium's decision, Salve called it an instance of "double standards." "If you are convinced about the allegations of the recovery of cash, enough to take some action, the only action is suspension from judicial office by withdrawing judicial work and an immediate inquiry by a fair and impartial body. And it doesn't necessarily have to be a body only of judges. This was a time when they could have found an appropriate way of conducting an inquiry. Also, sunlight is the best disinfectant.
Salve weighed in on the need for an independent inquiry and a structured response to suspicions of corruption within the judiciary. Speaking on the matter, Salve highlighted the credibility that a thorough investigation could have brought to the issue.
"If the judges had had an inquiry by a committee of three people, of which one was a judge and two were eminent citizens, and they had given a report exonerating the judge, it would have had great credibility. If they had indicted the judge, impeachment has to follow," Salve stated.
When Arnab posed the question regarding the impeachment process and the course of action available to the Supreme Court collegium, Salve elaborated on the steps that could have been taken.
"You are suspecting that there is a strong suspicion that he's guilty of corrupt practice. You don't even have to go to the extent of prima facie guilt. On this, what would you have done to a civil servant? You would have suspended him. And ordered an inquiry. How do you suspend a judge? Withdraw judicial work," he explained.
When asked if the Supreme Court is doing the right thing by conducting an in-house probe, Salve said, “An in-house inquiry in this case is far from ideal. If it exonerates him, critics will dismiss it as an internal cover-up; if it finds him guilty, questions will linger over its credibility. This is a case that I wish a democracy never had seen. The allegation of cash recovery is in the public gaze, so it has to be addressed in the public gaze to uphold public trust and ensure accountability.”
Salve further asked Parliament to take immediate action to address the ongoing crisis, stressing the need for legislative intervention to restore public trust.
"What has happened is deeply distressing at many levels," he said, adding that moments of crisis should serve as wake-up calls to fix systemic gaps that have been overlooked.
Speaking on the role of lawmakers, Salve insisted that Parliament must take up the challenge. "I vote for people to make the law, and I want those I voted for to come together—beyond party lines—to find a solution," he said, calling for a bipartisan effort to address the issue at hand.
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Published March 21st 2025, 16:13 IST