Judiciary is the last hope of ordinary people (Aam Aadmi). Politics is the last asylum of the scoundrel. But today in the map of India that is Bharat has become so-blurred that “We the People of India” seem to have accepted it as the inevitable reality (sab chalta hai).
On March 14, (Holi day) close to midnight a fire broke out in the government-allotted bungalow of Justice Yashwant Varma a sitting judge of the Delhi High Court in the posh Tughlaq Crescent area of Delhi. The judge and most of his family, except his daughter and mother, had gone to Bhopal. But the Delhi Fire Services (DFS) immediately rushed to the spot following a call from the Police Control Room (PCR) and doused the fire.
The Delhi Police Commissioner sent a whatsapp message to Justice D.K. Upadhyaya, Chief Justice of the Delhi High Court and apprised him that in all probability the fire was caused by a short circuit and half-burnt sacks of Indian currencies were found after the fire had been put out. Justice Upadhyaya in turn spoke to Sanjiv Khanna the Chief Justice of India (CJI) the same evening.
As per the statement of Justice Varma’s personal secretary to the police even he was informed about the fire by a servant in the house.
Meanwhie Justice Yashwant Varma returned to Delhi the next day and issued a letter proclaiming his innocence. According to him the store room where the fire broke out was adjacent to a guard room and was an outhouse.
Based on the evidence collected from the spot, there seems to be no cover-up as the police control room and the fire service were informed immediately. There was also no sign of entry by persons other than those already present in the house. Apart from Justice Varma’s daughter and mother, household helpers like gardeners, maintenance staff, and servants were present on the premises at that time.
Meanwhile even as the inquiry was in progress the Supreme Court released a video of burnt cash, making the case seem even more murky. Meanwhile one fails to understand whether it was a ‘discovery’ of sacks of half burnt Indian currency notes, or an ‘invention’. Discovery because it existed already. Invention because it was planted as alleged by Justice Varma’s defendents.
The moot question however is how did the sack full of currency notes land up at Justice Verma’s bungalow? If kept by someone, how-come Justice Varma had no clue about it, especially since the servant quarters and the outhouse are situated within the premises of the Tughlaq Crescent Bungalow in supposedly high security VVIP zone? Was the staff of Justice Verma involved in some shady deals without the Judge’s knowledge?
The speculations and the conspiracy theories floated in Justice Verma’s defence are highly unbelievable.
On March 20, a decision was taken to transfer Justice Varma to Allahabad High Court where he used to serve as a judge before shifting to Delhi – without waiting for the results of an inquiry into the incident. Instead it was stated that there was no connection between the transfer and the incident.
Clearly there is “something rotten” in the entire judicial system of the country as is evident from the series of scams starting from the Justice Veerasamy case where the former Chief Justice of a High Court, his wife and two sons was allegedly found to be in possession of pecuniary resources or property disproportionate to known sources of income by the CBI.
But since in that case Justice Veerasamy had already retired the Supreme Court held that no FIR should be filed against a judge without the approval of the chief justice as Judges Inquiries Act has to be complied with (A 5-judge constitution bench of Supreme Court in K. Veeraswami v. Union of India, 1991 SCR (3) 189)
Allegations of corruption in the money spent on furnishing his house led to failed impeachment motion against Justice Ramaswamy in the parliament.
Earlier currency notes were seized from the residence of Justice Shamit Mukherjee of Delhi high court. He was even arrested and taken to the police station in the police jeep (as he tendered his resignation).
Recently a Punjab and Haryana high court judge refused to resign but file a charge sheet and the trial went into the limbo.
Instances of judges being caught red handed accepting bribe money are increasing. Lower judiciary, known as the grass roots judiciary are the custodians whom the common man approaches to get Justice.
A couple of days back ED seized 24 assets of a judge of the Railway Tribunal Board for alleged fraudulent withdrawals of Rs. 50 cr. from death claims of ordinary people. We have PF disbursement irregularities as insurance. The huge unclaimed money is swindled at many levels. Railway Tribunals, Motor Accident Tribunals et al are for really commoners who suffered permanent injury to loss of life. Corruption there is hitting the vitals of the ordinary masses.
Just a couple of years 4-5 senior most judges of the supreme court addressed a press conference alleging favouritism by the CJI. In India corruption only means financial corruption.
Intellectual corruption is equally worse or even evil. Favouritism only reminds an English saying “show me the man I will show you the law”. If I like a face my judgment is different.
This perhaps, even at the SC level called, “face value”. i.e. which advocate to approach for addressing, which bench of judges are sitting in a particular item. Cases of corporates, powerful politicians and other mighty section of the citizenry are said to be decided by that “face value”.
One may remember former CJI S.P. Bharucha who after retirement said 10% of higher judiciary is corrupt. Former union law minister and senior advocate Shanti Bhushan even gave a “list” of corrupt judges and series of “instances” of corruption in an affidavit before the Supreme Court. The matter was given a quiet burial.
As we think a nadir is reached, a new nadir, all time low, proves another all-time-low is slated sooner rather than later. Justice Yashwant Varma’s is one such new nadir. Perhaps many such all-time-lows are slated.
At this juncture, the collegium system of selection of judges has come into focus. Many retired SC judges call it a failure, inadequate etc but only after they themselves are elevated by the “inadequate, inefficient” and “failed” system.
This scribe called for a National Judicial Academy (NJA) a broad based body to choose judges, entertain complaints against them and remove them without having to undergo the cumbersome process of impeachment in parliament. The shortlisted candidates for judgeship can be publicised throughout the country and public reaction can be invited. Don’t they do so inviting public opinion after every bill is introduced in parliament? Why not such thing should be introduced for judicial appointments.
Leaders of the district level Bar should be involved in the appointment of judges in the district courts and judges of the high court under whose administrative jurisdiction that particular district comes. Likewise, there could be checks and balances as any system is bound to be corrupt and new situations demand newer solutions.
As Justice Rajinder Sachar put it, it is politicization of criminals and not criminalization of politics. In the latter, the politician use criminals for their political needs. In the course of the time the criminal thinks why not to himself become a politician. And it is the latter, the politicization of criminals. This has its spin off in every sphere of life and society.
A corrupt builder known for corrupt activities in building construction once told me ” you go to any authority of any institution in this country, you may not get any justice as the envelope containing money will reach to that authority before you approach the authority ” I am experiencing this fact for the last 15 years. Money power over ruled law power'”