NEW DELHI: A two-judge bench of the Supreme Court, led by Justice A.S. Oka and Justice Ujjal Bhuyan, will hear on Friday a Public Interest Litigation (PIL) seeking the registration of an FIR against Justice Yashwant Varma over allegations linked to a large stash of cash found at his official residence.
The PIL was jointly filed by three lawyers, Mathews J. Nedumpara, Hemali Suresh Kurne, and Rajesh Vishnu Adrekar, and a chartered accountant, Mansha Nimesh Mehta.
The petition challenges the jurisdiction of the three-member committee constituted by the collegium to investigate the incident that occurred on 14 March, when heaps of currency notes were discovered at Justice Varma's residence following a fire.
On Wednesday, lead petitioner Nedumpara urged the Supreme Court bench, led by Chief Justice of India (CJI) Sanjiv Khanna, to list and hear the case urgently, arguing that it involved larger public interest.
The petition, a copy of which was accessed by TNIE, argued that the collegium had no legal authority to conduct such a probe, as neither the Constitution nor Parliament had conferred such powers upon it.
"The resolution of the collegium investing the committee with the power to conduct such an investigation is one rendered void ab initio," the plea stated.
It further contended that the police were duty-bound to register an FIR, as the fire department and police had discovered the cash while responding to the fire.
"The fire force/police, when their services were sought to douse the fire, constitute a cognisable offence punishable under various provisions of the BNS (Bharatiya Nyaya Sanhita), and the police is duty-bound to register an FIR," the plea said.
The petitioners also challenged the Supreme Court's 1991 ruling in K. Veeraswami vs Union of India, which stated that no criminal case shall be registered against a sitting judge of the High Court or Supreme Court without the prior permission of the CJI.
The plea argued that this ruling was "rendered per incuriam and sub silentio" and that the police had an obligation to register an FIR if informed of a cognisable offence.
The petitioners urged the top court to direct the Delhi Police to register an FIR and conduct an independent and effective investigation without interference from any authority, including those cited in the Veeraswami judgment.
They also sought a directive to the government to take concrete steps against judicial corruption, including the enactment of the lapsed Judicial Standards and Accountability Bill, 2010.
Emphasising the principle of equality before the law, the plea asserted, "All are equal before the law, and the criminal laws apply equally to all, irrespective of one's status or position. The only exception, in our constitutional scheme, is extended to the President and Governors, who represent 'we the people'."
The petition concluded by underscoring the foundational principle of rule of law: "The law is the very edifice on which the concept of rule of law is built. Even the King is not considered above the law, but under God and the law."
