'Go To PM, President...': Supreme Court Junks Plea In Delhi Judge Cash Case

The Supreme Court has junked a plea to file a police case against Justice Yashwant Varma, the ex-Delhi High Court judge from whose home burnt bundles of cash were allegedly found in March, when a blaze at an outhouse on the grounds of his bungalow was being extinguished.

A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan pointed out a report has been submitted to Prime Minister Narendra Modi and President Droupadi Murmu. And, since the petitioner had filed no representation before those two, the court could not hear their plea.

"Before seeking writ of mandamus (i.e., a judicial order compelling a lower court or government official to perform a duty) the petitioner will have to seek redressal by filing representation before appropriate authorities... we decline to entertain this petition," the top court said.

The petitioners, advocate Mathews Nedumpara and three others, had called for immediate criminal proceedings against Justice Varma on grounds the judiciary's in-house committee, which had been set up by the Supreme Court, found the allegations to be prima facie true.

According to legal news website Live Law, when the court began hearing this matter, Mr Nedumpara was told, "We are not saying you cannot file... you don't know the contents of the (in-house) report. We also don't know the contents of that report. You make a representation to them (i.e., the Prime Minister and President) to act. If they don't, you can come here."

In March, the same petitioners had moved the Supreme Court to challenge the in-house inquiry and demanding a formal police investigation. Then too the court had dismissed their plea, noting that internal proceedings against Justice Varma were still pending.

On the night of Holi, March 14, firefighters had been called to Justice Varma's bungalow in central Delhi. As they put out a fire, burnt bundles of cash were allegedly found in an outhouse.

The controversy surrounding Justice Varma and the recovered bundles of cash sparked serious discussions on several topics, including investigations and disciplinary action against judges, functioning of the Supreme Court Collegium, and the need for a transparent judiciary.

In the initial aftermath, the Supreme Court decided to transfer Justice Varma to his parent court - the Allahabad High Court - in a move that was first connected to the cash but later de-linked.

However, acknowledging the gravity of the issue and the impact on the people's faith in the judiciary, the top court set up an in-house inquiry by a committee consisting of the chief justices of the Haryana and Punjab, Himachal Pradesh, and Karnataka High Courts.

This was after a Delhi High Court report was made public - an unprecedented act - to ensure transparency in these proceedings.

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