New Delhi: Amidst growing concerns over judicial integrity, senior advocates across the country have welcomed the Supreme Court’s transparency and the manner in which Chief Justice of India (CJI) Sanjiv Khanna has handled Justice Yashwant Varma’s cash-row case. By putting out all relevant information in the public domain on the Supreme Court’s website Saturday, the judiciary has demonstrated its commitment to openness.
The apex court has released the probe report submitted by Delhi High Court Chief Justice Devendra Kumar Upadhyaya regarding the alleged recovery of cash from the residence of Justice Varma. Other documents made public on its portal include Justice Varma’s response—wherein he has denied the presence of cash in the storeroom of his official residence—as well as letters exchanged between Justice Upadhyaya and CJI Khanna.
“This is a good way to go forward because unless an inquiry involves a very sensitive national interest or security issue, or if there is an issue of gender violence—such as one affecting the dignity of a woman—that would require confidentiality, sunlight is the best disinfectant. This is a highly laudatory step taken by the Supreme Court,” senior advocate Sanjoy Ghose told ThePrint.
He added, “In fact, by this move, the SC has not only set a precedent of transparency but has also given Justice Yashwant Varma an opportunity to present his defence in the public domain. Otherwise, it would be very unfair for the judge concerned to endure a media trial while being bound by judicial conduct, unable to publicly state his version of events. This step has also benefited Justice Varma, as it puts an end to speculation and trial by media.”
On the handling of the entire process, Ghose remarked, “The process was poorly managed from the start, with prolonged silence and a delayed response. However, once the matter entered the public domain, it was preferable for official versions from both parties to be made public, rather than allowing speculation to dominate.”
He further stated, “There was all this talk about Rs 50 crore, Rs 93 crore, and even Rs 15 crore, but ultimately, that speculation has ceased. When all this information was made public, there was no mention of any specific amount. There were rumours that money had been found inside Justice Varma’s house, but now it is clear that it was in the outhouse. This transparency has put an end to unnecessary speculation.”
Despite the controversy, he praised Justice Varma as one of the finest judges in the Delhi High Court and noted that the news has deeply shocked the Bar.
Senior advocate Sanjay Hegde affirmed to ThePrint that the inquiry has proceeded in the correct manner. “The Collegium is following due process—they have transferred him and initiated an in-house inquiry. Based on the findings of this inquiry, they will make a recommendation, if necessary, for impeachment or any other course of action. There is no other procedure available, so the judiciary will, without a doubt, subject one of its own to rigorous scrutiny.”
Senior advocate Arun Bharadwaj also defended the Supreme Court’s handling of the case, stating that there was nothing wrong in making all details public. He remarked, “This report has saddened the legal fraternity and sent shockwaves across the country. The truthfulness of the report is yet to be ascertained, but if it is accurate, it is deeply concerning for the entire judicial system. The credibility of the institution has been shaken.”
“There must be a system in place to ensure strict and immediate action in such situations. If no such mechanism currently exists, it must be developed. It is in the nation’s best interest that we progress truthfully and honestly,” he told ThePrint.
(Ruchi Bhattar is an intern with ThePrint. She is a final-year student at the University of Calcutta.)
(Edited by Radifah Kabir)
Also Read: Judge row: V-P Dhankhar lauds CJI’s ‘transparency’, accepts Kharge’s call for RS floor leaders’ meet