Cash discovery row: Supreme Court says no to plea for FIR against Justice Yashwant Varma

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan said a press release issued by the top court on May 8 records that the chief justice of India forwarded the report of the in-house enquiry committee along with the judge's response to President and Prime Minister of India.

New Delhi: The Supreme Court on Wednesday declined to entertain a plea for the registration of an FIR against the Allahabad High Court's judge, Justice Yashwant Varma in connection with the alleged discovery of cash haul at his residence here.

A bench led by Justice Abhay S Oka, told petitioner advocate Mathews J Nedumpara, that he has to seek redressal before the appropriate authority by way of representation before coming to the court.

"There is an inquiry. The report has been forwarded to the Prime Minister and the President of India. You file a representation before them, if there is no action, then you come to us," the bench told him.

Nedumpara contended that the offence has been committed, cash has been recovered.

"It is the court's duty is to administer law. K Veeraswami judgment is a mischief... sorry to say that... but it has to be revisited," he submitted, seeking a direction for registration of the FIR against Justice Varma.

Upon hearing this, the bench told him, "Please follow basic law. In mandamus, you first have to go to the authority with a representation. "The petitioner (Nedumpara) shall have to seek redressal before the appropriate authority by way of representation. We decline to the hear the petition," the bench said.

In his plea, Nedumpara sought a direction for the registration of the FIR against Justice Varma after an in-house judges inquiry panel gave an adverse report, indicting him in the matter.

On March 28, the apex court had found a similar plea by advocate Nedumpara to lodge the FIR against the judge as premature, saying once in-house inquiry is complete, all courses are open, and, if required, the Chief Justice of India can direct the registration of the FIR.

After completion of the probe and submission of inquiry by a three-judge panel, the then CJI Sanjiv Khanna on May 8 had sent a letter to the Centre recommending his impeachment as Justice Varma had declined to step down.

The cash haul was allegedly found at the residence of Justice Varma, then Delhi HC judge here during the fire incident on March 14-15.

The judge was subsequently transferred to the Allahabad High Court, his parent High Court. He has since then been divested of any judicial work.

As per the Supreme Court judgment in K Veeraswami Vs Union of India (1991), no criminal case can be registered against a judge of a High court or Supreme Court without the prior permission of the Chief Justice of India.