New Delhi, August 14: Retired Justice S.N. Dhingra has commented on the investigation report regarding the cash found at the residence of former Allahabad High Court judge, Justice Yashwant Verma. He stated that the report corroborates the findings of the Supreme Court committee. Justice Dhingra raised concerns, suggesting that an FIR should have been filed on the very first day the cash was discovered, but he believes the “brother judges” are protecting one another.
The investigation committee, tasked with looking into the matter, submitted its report on August 12, Wednesday. Justice Dhingra remarked, “This report confirms the Supreme Court committee’s findings against Justice Yashwant Verma. It states that the cash found in his home belonged to him and he is accountable for it. He also attempted to destroy evidence, which makes him culpable.”
He further explained, “In my view, this case cannot proceed on this basis, meaning the parliamentary committee cannot move forward. The purpose of impeachment is to remove a judge who has acted improperly while administering justice. If someone has already resigned from their position, how can Parliament remove them? According to our Constitution, if a judge submits their resignation in writing to the President, it is effective from that day.”
Justice Dhingra expressed confusion over reports still referring to Verma as a judge of the Allahabad High Court. He stated, “I don’t understand why this is being mentioned, but according to the rules, his resignation should be considered accepted.”
Regarding potential criminal action against Justice Verma, he noted that the committee itself cannot initiate any proceedings. Its role was solely to determine Verma’s guilt. The committee was established by the Lok Sabha Speaker, and any further action must be taken by the Speaker. Since Justice Verma has resigned, the impeachment process cannot be initiated.
Retired Judge Dhingra added, “The Supreme Court has already dismissed two petitions for an FIR. One was rejected because no one had filed a complaint against him. The other was dismissed after the court reprimanded the lawyer. They are all ‘brother judges.’ They protect each other. Whether or not security laws are enforced, they can provide protection to one another. An FIR should have been filed on the first day the cash was discovered, which was estimated to be between 15 to 50 crores. Such a significant amount warrants an FIR, yet none was filed. When the report was submitted to the Chief Justice of the Delhi High Court, he should have directed that an FIR be lodged to investigate whose money it was and where it came from. This investigation should have been conducted by the police.”
He concluded by stating that if a link to Justice Verma was established, an FIR should have been filed against him, as accepting money is not part of judicial conduct. This responsibility lay with the Delhi High Court and the Supreme Court, but they failed to act. The result is that such judges walk around with impunity. It is the responsibility of the Chief Justice of the Delhi High Court to act. When the report reached him, he should have immediately ordered the police to file an FIR and secure the site to collect evidence. Without orders from above, the police cannot act against a sitting judge. Our police lack the courage to take action against our legislators.
– K.K./A.B.M
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