Revisit SC order mandating prior sanction to prosecute judges, says VP Dhankhar

Vice-President Jagdeep Dhankhar on Monday called upon the Supreme Court to revisit its previous order mandating prior sanction for prosecution of judges even as he questioned delays in the registration of an FIR against former Delhi High Court judge Yashwant Varma from whose official residence cash was recovered in March.

Citing the K Veeraswami judgment of 1991, the VP said the genesis of the “impregnable cover” (to the judiciary) was this verdict imparted by the Supreme Court. “It is judicial legerdemain. Erected scaffolding of impunity which neutralises all salvos of accountability and transparency. It’s time for us now to change. I have full trust in the present Supreme Court, which comprises eminent people, people of integrity. In a short time, the present Chief Justice has shown that things are soothing for people at large," he said.

The term "legerdemain" is used in the judiciary to describe manipulative legal tactics to achieve a desired outcome in a legal proceeding.

Speaking at the release of a book ‘The Constitution We Adopted (With Artworks)’ edited by Vijay Hansaria at Bharat Mandapam here, Dhankhar also backed CJI BR Gavai's red flags about breach of protocols during the Maharashtra visit, saying, "I have myself suffered this."

The Veeraswami case relates to Justice K Veeraswami, a former Chief Justice of the Madras High Court, who was accused of possessing assets disproportionate to his known sources of income during his tenure. The CBI had registered a case against him under Section 5(1)(e) of the Prevention of Corruption Act, 1947.

Veeraswami challenged the proceedings, arguing that as a judge, he was not a "public servant" under the Act and that no authority existed to grant sanction for his prosecution. The top court held that judges were indeed "public servants" under the Prevention of Corruption Act, aligning with the definition provided in Section 21 of the IPC. The SC also emphasised that to prosecute a judge, prior sanction was required.

The VP sought a recall of this judgment in the light of pending inquiry against Justice Varma. Wads of burnt cash were recovered from his official residence in March. The Supreme Court constituted a three-member probe panel, which earlier this month confirmed the cash discovery allegations against Justice Varma, currently at the Allahabad HC. Then CJI Sanjiv Khanna forwarded the in-house inquiry report to the President and the Prime Minister along with Justice Varma's response.

Noting that even with respect to the President and the Governor the immunity granted by the Constitution was only until the time they held office, Dhankhar said, “For this issue (Yashwant Varma), people are waiting with bated breath… the money trail, its source, purpose, did it pollute the judicial system? Who are the bigger sharks? We need to find out. Already two months have gone by." The

VP said the SC in-house committee had no legal sanctity.