"Who Are Bigger Sharks": Vice President On Delay In FIR In Judge Cash Row

Vice President Jagdeep Dhankhar dwelt at length on the finding of cash at the premises of Delhi High Court judge Justice Yashwant Varma, pushing for a police investigation and a relook at the Supreme Court judgment that ruled prior sanction be required to prosecute judges of the high court and the Supreme Court. 

Speaking at a book release function, he said the move of the three-judge in-house committee probing the case to recover electronic equipment from witnesses as a "serious issue" and questioned how it could have been done. 

"The entire nation was worried. An incident took place on the night intervening 14th and 15th of March. A nation of 1.4 billion did not come to know about it. Till after a week. Just imagine how many such other incidents may have taken place of which we are not in the know... every such transgression of integrity impacts common man, impacts those who believe in rule of law... therefore we have to be unsparing about it," he said.

The Vice President said the people were questioning how criminal justice system "was not operationalised as it would have done for every other individual". Only the President of India and the Governors are exempt from a police investigation, he said, and that too only while they hold office. 

"This issue for which people are waiting with bated breath, the money trail, its source, its purpose... Did it pollute the judicial system? Who are the bigger sharks? We need to find out. Already two months have gone by," he said. 

The Supreme Court, he said, has done what it could under then Chief Justice of India Sanjiv Khanna. But it has a "legacy issue" of judgments imparted in 1990s and "now is the time to take a call".

Unaccounted case was found from a store-room in near the gate of the bungalow of Delhi High Court's Justice Yashwant Varma in March. The money was found by firefighters called to put out a blaze during the Holi break of the court.

Following this, the Supreme Court Collegium decided to transfer Justice Varma back to his parent court -- the Allahabad High Court. Despite Justice Khanna taking a dim view of the matter, the judge has not resigned.

Mr Dhankar stressed there is a need to revisit the Supreme Court judgment of 1991 in the case of K Veeraswami vs Union of India, which established the mechanism for the in-house probe. The judgment provides cover and immunity to judges but it can, in cases like Justice Varma, become a liability to the judiciary and erode the people's confidence in the law.

Emphasizing on the significance of rule of law in a democracy - "the very foundation of society" -- the Vice-President said the "surest way to degenerate an individual or bring down an Institution is to keep it away from probe, keep it away from scrutiny".

To nurture democracy, "it is inescapable that we hold every institution and every individual accountable," he added.