Allahabad HC not ‘kude ka dabba’, bar association opposes transfer of judge

Even as the Supreme Court initiated an in-house enquiry on Friday on reports that a huge amount of unaccounted cash was found at the official bungalow of sitting Delhi High Court judge Yashwant Varma, the decision to transfer the judge back to Allahabad has provoked protests.

“Allahabad High Court kude ka dibba (trash can) nahi hai jo yahan bhej diya gaya hai (Allahabad High Court is not a trash bin that anything can be dumped here),” Allahabad HC bar association president Anil Tiwari was quoted as telling Bar and Bench. "We will not accept corrupt people. We will stop the court's work if need be."

The unaccounted cash was discovered accidentally on 14 March, Friday, when a fire broke out at the bungalow of the Delhi High Court judge. He was not at home when the fire brigade was called in at around 11.00 pm. The fire fighters brought the fire under control but in course of the operation, stumbled on the cash stashed in one of the rooms.

According to reports in the Time of India, which broke the story this morning, there were attempts to burn the cash, which was recorded on their mobiles by firefighters. The incident was reported to the Delhi Police top brass, who informed the home ministry and the Union law minister, following which the Chief Justice of India was informed, presumably on Thursday, 20 March.

Questions are being raised about why the local police station failed to report the incident and record it. In the Rajya Sabha, Congress MP Jairam Ramesh drew the attention of the House to the sensational report and pointed out that the impeachment proposal of Justice Shashank Yadav — another Allahabad High Court judge — by 50 MPs was pending with the Rajya Sabha chairman.

Rajya Sabha chairman Jagdeep Dhankhar said in the House, “…what bothers me is that the incident happened and did not immediately surface. If it happens with a politician, he becomes a target...and therefore, a systemic response with transparent, accountable and effective [mechanism], I am sure, will be on the way. I will get in touch with the Leader of the House and the Leader of the Opposition and find a mechanism for a structured decision during course of the session subject to their agreement."

Meanwhile, the Supreme Court collegium which on Thursday evening decided to immediately transfer Justice Varma back to Allahabad, initiated an in-house enquiry on Friday. As per the procedure adopted by the Supreme Court, when there are allegations against a high court judge, the chief justice of India, after a preliminary enquiry, forms a committee of three Supreme Court judges to enquire into the matter after seeking the response of the judge in question. Based on the report of the in-house panel, further action can be taken.

A high court judge can, however, be removed from office only through an impeachment motion passed by Parliament. No judge has been impeached in India's history. Though some faced impeachment proceedings, they resigned before the proceedings concluded.