Cash-recovery row: In-house inquiry procedure enters crucial second stage; could lead to serious consequences for judge if misconduct proved

PTI, NEW DELHI, MARCH 23 – With Chief Justice of India Sanjiv Khanna constituting a three-member panel to probe the discovery of "four to five semi-burnt sacks" of Indian currency notes after a fire incident at the residence of Delhi High Court judge Yashwant Varma, the in-house procedure has entered the crucial second stage, whose findings will decide the fate of the judge. The fire incident at the storeroom of the official residence of Justice Varma on March 14 in the posh Lutyens' Delhi locality purportedly led to the discovery of the cash by firefighters and police personnel. The CJI constituted the three-member panel after the Delhi High Court Chief Justice Devendra Kumar Upadhyaya, in his report dated March 21 and made public on Saturday evening, called for a "deeper probe" into the allegations.

The three-member inquiry committee formed by the CJI consists of Justices Sheel Nagu (Chief Justice of the Punjab and Haryana High Court), G. S. Sandhawalia (Chief Justice of the Himachal Pradesh High Court), and Karnataka High Court judge Anu Sivaraman. However, no timeline has been fixed for the inquiry committee to conclude the probe. In 2014, while dealing with a case of alleged sexual harassment of a subordinate court judge in Madhya Pradesh at the behest of a sitting judge of the high court, the top court laid down the in-house procedure meant to probe the allegations against a judge of the constitutional courts. 

It said in the first stage of the in-house procedure, the prima facie veracity of the allegations contained in the complaint is ascertained. "If so, whether a deeper probe is called for. The first stage does not contemplate an in-depth examination of the allegations. It requires merely an assessment based on the contents of the complaint and the response of the concerned judge. All that the Chief Justice of the High Court is required to do is to determine whether a deeper probe is required. This is to be done on the basis of a logical assessment made on a consideration of the response of the concerned judge with reference to the allegations leveled in the complaint," it had said.

The top court had said it is the "second stage of the in-house procedure" relating to sitting judges of high courts that could lead to serious consequences. The second stage is monitored by none other than the CJI, it had said. Only if the Chief Justice of India endorses the view expressed by the Chief Justice of the high court that a deeper probe is called for, he would constitute a "three-member committee" and thereby take the investigative process to the second stage. This committee will comprise two Chief Justices of the High Courts (other than the concerned High Court), besides a judge of a High Court. The second stage postulates a deeper probe, it had said. The top court had said even though the three-member panel is at liberty to devise its own procedure, the inherent requirement provided for is that the procedure evolved should be in consonance with the rules of natural justice.

"Herein, for the first time, the authenticity of the allegations is to be probed on the basis of an inquiry. The incumbents of the three-member committee would have no nexus with the concerned judge. Not only would the concerned judge have a fair opportunity to repudiate the allegations leveled against him, but even the complainant would have the satisfaction that the investigation would not be unfair. The in-house procedure was devised to ensure exclusion of favoritism, prejudice, or bias," it had said. The top court had also enumerated different steps that are to be followed during the in-house procedure for probing the allegations against a sitting high court judge. It said on the culmination of the inquiry conducted by the panel, it shall record its conclusions and a report shall be furnished to the CJI.

The top court had said that the report of the panel could lead to one of the following conclusions – that there is no substance in the allegations leveled against the concerned judge or that there is sufficient substance in the allegations leveled against the judge. "In such eventuality, the three-member committee must further opine whether the misconduct leveled against the concerned judge is so serious that it requires initiation of proceedings for the removal of the concerned judge, or that the allegations contained in the complaint are not serious enough to require initiation of proceedings for the removal of the concerned judge," it had said. The top court had said if the panel arrives at the conclusion that the misconduct is not serious enough for initiation of proceedings for the removal of the judge concerned, the CJI would advise the judge and may also direct that the report of the panel be placed on record.

"If the three-member committee has concluded that there is substance in the allegations for initiation of proceedings for the removal of the concerned judge, the Chief Justice of India shall proceed as under: (i) The concerned judge will be advised by the Chief Justice of India to resign or to seek voluntary retirement. (ii) In case the concerned judge does not accept the advice of the Chief Justice of India, the Chief Justice of India would require the Chief Justice of the concerned High Court not to allocate any judicial work to the concerned judge," the top court had said. The 2014 verdict said that in the eventuality of the judge concerned not abiding by the advice of the CJI to resign, then the CJI would intimate the President of India and the Prime Minister of India of the findings of the three-member committee, warranting initiation of proceedings for his removal.

The 25-page inquiry report of Justice Upadhyaya, uploaded on the apex court's website, contains two short notes in Hindi that mention that after the fire at the storeroom of Justice Varma's residence on March 14 was doused, four to five half-burnt sacks containing currency notes were found. The report said prima facie, it seemed that a short circuit had led to the fire. The video, also shared by Delhi Police Commissioner Sanjay Arora with Justice Upadhyaya, clearly shows burnt cash and firefighters dousing the flames. Justice Varma has, in his response, strongly denounced the allegations and said no cash was ever placed in the storeroom either by him or any of his family members.