Public faith in judiciary at stake

CONCERNED citizens across the country have been following the case of Justice Yashwant Varma. Wads of currency notes were recovered from the official residence of this High Court judge in New Delhi in March after a fire broke out in the storeroom. From all accounts, the fire was caused by a short circuit.

A three-member committee comprising two Chief Justices of high courts and a judge of a third high court, selected by then Chief Justice of India (CJI) Justice Sanjiv Khanna, examined more than 60 witnesses and inspected the residential premises. The panel concluded that Justice Varma could not explain satisfactorily the presence of sacks of

Rs 500 notes, some of them damaged by the fire.

The committee recommended impeachment proceedings against the judge as this was the course prescribed in the Constitution for the dismissal of a Supreme Court (SC) or high court judge.

The CJI and the SC’s Collegium of senior judges recommended Justice Varma’s transfer back to the Allahabad High Court, his parent HC, in March itself. The CJI had instructed the Chief Justice of the Delhi High Court not to allot judicial work to Justice Varma while he was in the Capital.

The CJI at that time had an onerous duty to perform. He was well aware that public trust in the integrity of the higher judiciary had to be salvaged. At the same time, no scope should be left for people to think that the judiciary at the highest level was involved in any form of cover-up of a recalcitrant brother judge. In my opinion, the CJI passed the test with distinction. He opted for transparency, a route rarely favoured by government agencies under attack.

The judiciary and the armed forces of the country are the only two institutions left which people still respect. All others, including the media to a great extent, have fallen by the wayside. If these holdouts are politicised or weakened by corruption, the present system of governance would slip into full-fledged dictatorship.

The higher judiciary serves as a bulwark against injustice. When winning elections at any cost becomes more important than ensuring good governance by upholding the rule of law, instances of injustice are bound to increase. If the judiciary hesitates to step in to restore people’s faith in a just order, we as a nation stand doomed!

Corruption in the judiciary is becoming a problem. The CJI and other senior judges should sit up and take notice. As corruption in society increases, as it is happening today, leaders from all walks of life should ponder over measures to combat the disease. Prime Minister Narendra Modi used to say that he would not touch tainted money and also not allow those under his watch to do so.

It is to be noted that he has not been repeating this boast nowadays. Corruption in public life goes on as merrily as before. Even his party, which was voted to power in 2014 as it swore to end corruption, has not bucked the trend. Having completed 11 years in power, Modi’s party is absorbing in its ranks assorted Congressmen, Shiv Sainiks and others who had been named and even prosecuted by his government for big-time corruption. An English term, “washing machine”, has entered common parlance in Mumbai.

Former Cabinet Secretary BG Deshmukh was a good friend of mine. He and I, along with Dr Raj Kumar Anand, a leading paediatrician of Mumbai, formed the Public Concern for Governance Trust (PCGT). The Trust concentrates on college and school students, trying to make them good citizens by imbibing good values. We felt that this was the only way concerned citizens like us could contribute to fight corruption.

A girl who served on the staff of our NGO competed for a First-Class Judicial Magistrate’s appointment in Maharashtra. She was selected. Having worked with our NGO, where she herself was involved in spreading noble values among the youth, we are confident that there will be at least this one dispenser of justice to perform her dharma, as the Gita expects every good human to do without any expectation of a reward. The PCGT’s trustees will follow her career with much interest.

Reverting to Justice Varma’s case, some previous impeachment proceedings went in vain. This may not happen this time round as the BJP has taken the correct stand, supporting the findings of the three-member committee which passed muster with the collegium of five senior judges of the Supreme Court. Opposition parties cannot afford to vote against this motion.

In a court of law, it might have been more difficult, though not impossible, to sustain the charges. The main omission of counting the burnt and unburnt notes could come to the rescue of the accused. The leading legal luminary who has taken the judge’s brief will certainly play up this defect in the prosecution case.

The firemen and the security detail who were the first responders talked of sacks of currency notes and burnt notes scattered on the ground. If a HC judge was not involved, the panchnama would have been drawn up. It would have sealed the culprit’s fate. But the imperative of informing the CJI and getting his consent at each stage threw up impediments to the normal procedure.

Three judges of repute have concluded that sacks of money were seen by the first responders but were removed by Justice Varma’s personal staff before the Delhi High Court officials could arrive at the scene. The then CJI’s decision to hide nothing from the public and keep it informed at all stages has helped to build public trust in the higher judiciary, but there is a long road ahead.