The controversy surrounding the discovery of cash at the residence of a Delhi High Court judge has in fact put the entire judiciary on trial. Even though the Chief Justice of India, Justice Sanjiv Khanna has already ordered an inhouse probe into the matter, multiple questions continue to be asked in the public domain.
The issue has featured even in Parliament but the government has not made any statement pending the probe. Meanwhile, people seem to be wondering whether corruption exists in the higher judiciary or if the entire matter has been over hyped by the media.
The main point is that people should continue to have faith in the judicial system and if that gets eroded, the very essence of our democracy based on the rule of law would be impacted. For over two decades, there has been speculation regarding the conduct of some judges, who it was often alleged were not completely above board.
However, since the judiciary is all powerful and it would be extremely difficult to make allegations in the absence of any concrete evidence, this aspect has always been allowed to be overlooked. Many lawyers have been under scrutiny for their proximity to certain judges, but nothing against them has ever been proved, though the accusations are widely discussed in hushed tones.
There was a time when jokingly there was this statement made in a lighter mode that it would be better to hire a judge instead of paying so much money on multiple court hearings to lawyers. This may sound exaggerated but this is how the perception has been regarding some people in the higher judiciary. It does not mean that there are no honest judges anymore. In fact, the entire system in any walk of life has been running only because there are honest and diligent people around, who would never allow the rule of law to be ever compromised.
The Supreme Court and High Court records are full of some outstanding verdicts delivered by extremely competent judges who have taken pains to go through every minute detail of any matter before arriving on a judgement.
In the latest instance, Justice Yashwant Verma, the judge in whose house the fire incident took place, has also given some exceptional verdicts. It is another matter that as he is facing a probe and has been since transferred to the Allahabad High Court, he may never be able to do judicial work again unless his name gets cleared by the Apex Court.
His repatriation to the Allahabad High Court has attracted sharp protests from the bar and the question being asked is that if he was not fit to be a judge at the Delhi High Court, how he could be good enough to be at another High Court. Valid concerns which require greater clarity.
While the Supreme Court has ordered an inhouse probe into this issue, there is a need to involve a professional agency like the Central Bureau of Investigation to also go into this episode impartially and to examine various dimensions. The judges can arrive at some conclusions on the basis of statements they record but a police agency can dig out much more than what meets the eye.
On his part, Justice Verma has maintained that he was being framed and had no knowledge of the cash at his premises. A senior advocate perhaps coming to his defence stated that the Delhi Police which reached the spot after the fire incident has not shown any recovery. If this is true, then the Station House Officer of the concerned police station needs to be taken to task. In any case, the videos of the burning currency notes being shown on TV channels constitute circumstantial evidence.
Yes, this is true that there is a system of checks and balances in our country and the judiciary along with the legislature and executive constitutes the three main pillars of democracy. However, it does not mean that everything was being run perfectly and there was no need for either reforms or for greater scrutiny of those who occupy high positions anywhere.
A question that needs to be asked from Justice Verma is that if someone had intruded into his highly secure residence to plant the currency notes, then why he has not lodged a counter FIR expressing his apprehension. If indeed he was being fixed, the nation needs to know why and at whose behest.
There are several names doing the rounds of fixers who it is said often act as middlemen between rich clients and some judges. If this charge is correct, then there needs to be some stern measures that need to be taken. Touts at various places are often discussed when one has to get something done, say in acquiring a driving licence or such things. Those who are playing with the justice system need to be brought to book and fixed for good.
Justice Verma’s case has triggered speculation regarding the functioning of the judiciary and how judges are used by vested interests in furtherance of their agenda. Tales of how judgments have been written or their drafts changed by judges are also circulating in the various courts. The veracity of such stories continues to be in doubt since such things happen when an unusual episode like the one at the residence of Justice Verma takes place.
The judge should not be held guilty without a probe. The CBI should also be involved in getting greater clarity.