Opinion
The judiciary cannot turn into a haven for the corrupt
Summary
- Justice Yashwant Verma’s case has led to many skeletons tumbling out of judicial closets. The case is now not only a part of public discourse but has been mentioned in Parliament, too.
Three judges from three different high courts will investigate the case of a pile of half-burnt currency notes found at the residence of Delhi high court judge Justice Yashwant Verma. Meanwhile, Verma has been relieved of his duties. Chief Justice of India, Sanjeev Khanna, has decided to release Delhi high court Chief Justice D. K. Upadhyaya’s report in the public domain. It’s a first in the country’s legal history.
It’s important to take note of the letter addressed to the Delhi high court chief justice written by Justice Verma in his defence.
He writes: “I unequivocally state that neither I nor any of my family members had stored or kept any cash or currency in that store room at any point of time. The very idea or suggestion that this cash was kept or stored by us is totally preposterous." Justice Verma further stated, “I was totally shocked to see the contents of the videos that depicted something which was not found on site as I had seen it. It was this which prompted me to observe that this clearly appears to be a conspiracy to frame and malign me."
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The best brains in the judiciary demanded an inquiry from the moment the case came to light, but the country’s people would have been denied the truth had the media not gone to town with the story.
It led to a senior advocate forcefully raising the matter with the chief justice of the Delhi high court. The story was unfolding when the news came that Justice Verma had been transferred to Allahabad high court. The Supreme Court also asked the chief justice of the Delhi high court to submit a report by evening that day.
Meanwhile, news started doing the rounds that the Delhi fire department denied discovering any currency notes from the site. They insisted that no statement was issued by their department.
The denial revived the controversy. Television commentators and social media influencers worked overtime to uncover the “conspiracy". The Allahabad Bar Association wrote to the Supreme Court lamenting the transfer of the judge. They insisted that Allahabad high court wasn’t a dustbin.
Conspiracy theorists again had a field day. They kept insisting that the matter was being swept under the carpet. Some senior advocates strongly condemned the collegium system for special privilege given to the collegium that if accusations are levelled against any judge only the Supreme Court should have the power to investigate the matter.
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The advocates argue that if so much money had been discovered at the residence of a bureaucrat, journalist, political leader or advocate, the enforcement directorate (ED) would have conducted raids on their premises by now. Had the person been a government employee, the Central Bureau of Investigation (CBI) and the crime branch of the police would have been activated long ago. The accused would have been quickly apprehended and would then spend years dealing with the unending judicial process.
It’s important to mention the high profile but inglorious incident of Justice Nirmal Yadav, who was a judge in Punjab and Haryana high court. She was accused of receiving ₹15 lakh as a bribe. CBI investigated the matter and filed a charge sheet. The matter dragged on for one-and-a-half decades. Justice Yadav remained unaffected. Such incidents shock a nation and its society.
Kolkata high court judge Saumitra Sen’s case is reminiscent of the present crisis. Corruption allegations were proved against Sen but before Parliament could initiate impeachment proceedings against him, he resigned. Was his resignation punishment enough? If our judges were in any other profession, would it have taken so long to try them in court or file a charge sheet?
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Allegations have been levelled against many judges. But concerns remain that judicial exceptionalism is becoming a roadblock in delivering justice. As the adage goes: Even Ceaser’s wife must be above suspicion. I feel judges must have special status so that they fulfil people’s expectations of delivering justice. Many judges are doing this honestly. The deeds and words of a few, though, are a source of embarrassment to the judiciary.
Justice Verma’s case has led to many skeletons tumbling out of judicial closets. The case is now not only a part of public discourse but has been mentioned in Parliament, too. The speed and alacrity with which CJI Khanna has acted till now gives us hope.
Will our judiciary and legislature work together to evolve a transparent system to retain people’s trust in the judiciary? A concerted move must be made in this direction.
Shashi Shekhar is editor-in-chief, Hindustan. Views are personal.
