Indian Vice President Jagdeep Dhankhar, in a statement on Thursday, conveyed his concern over the absence of an FIR in the case involving the seizure of money from Delhi High Court judge Yashwant Varma's house.
He indicated clearly that the autonomy of the judiciary could not be used as a defense against investigation, and the absence of an FIR is an indicator of an exceptional delay in the procedure.
Visioning if this thing had happened in a ordinary man's house, the inquiry would have been proceeding at rocket speed, speed of electronic devices. But now, it is not even proceeding at cattle cart speed," Dhankhar added.
The Vice President again emphasized that judicial independence is not a general immunity from investigation, suggesting that such an attitude could lead to the weakening of the institution. He also expressed concerns about the efficacy of the three-member in-house committee inquiry, questioning its legal foundation and the outcome it would produce.
"And what can the committee do? Best it can do is give recommendations. But to whom do they recommend, and for what? The only thing that can be done is by Parliament, which can remove a judge," Dhankhar said. He argued that judicial inquiries fall under the executive domain, not the judiciary, and again emphasized that no legal inquiry has proceeded due to the absence of an FIR.
The Vice President put it in perspective and reminded the people that as per law, each cognizable offence must be reported to the police and that failing to report it is an offence. He posed the pointed question, "Why hasn't there been an FIR?" and observed that an FIR could be lodged even against a person, even constitutional functionaries such as the Vice President himself.
The Yashwant Varma Case
In March, bundles of burned cash were allegedly found at Justice Yashwant Varma's residence, where he was deployed at the Delhi High Court. They were found by firefighters who were called in to extinguish a blaze in the house during Holi night.
Following the incident, the Supreme Court formed a three-member in-house committee to investigate the incident and ordered Justice Varma to be transferred to Allahabad High Court. The transfer was initially resisted by Allahabad High Court Bar Association, but Justice Varma has now taken the oath of office at his new posting.
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