"File representation before PM, President", Supreme Court declines plea seeking FIR against Justice Yashwant Varma

The Supreme Court today declined a petition seeking the registration of an FIR against Justice Yashwant Varma.

"There was an inquiry Mr Nedumpara..report has been forwarded to the Prime Minister and President of India...you file a representation before them..if there is no action, then you come to us..", Justice AS Oka led bench told the petitioner before it.

When Advocate Nedumpara went on to submit, "An offence has been committed, cash has been recovered..", Justice Oka responded saying the law had been followed by the CJI.

Instant PIL was filed in the wake of Justice Varma's indictment following the recovery of large sums of unaccounted cash from his official residence, and the forwarding of an in-house committee report to the President by the outgoing Chief Justice of India.

"Despite the lapse of over a week since the recovery, no FIR has been registered and the criminal law has not been set into motion,” the plea states.

The petitioners have invoked Article 32 of the Constitution, raising concerns over the delay in initiating criminal proceedings and the preservation of crucial evidence.

It has been further asserted that the seized currency, described as "burned, partly burned, and clandestinely removed" is indicative of bribery and corruption, offences punishable under the Bharatiya Nyaya Sanhita and the Prevention of Corruption Act.

Pointing out to the Supreme Court's 1991 judgment in K. Veeraswami v. Union of India, which mandates that no criminal case can be filed against a High Court or Supreme Court judge without the consultation of the Chief Justice of India, the plea adds, "There is no official explanation as to why no FIR was registered. The failure to initiate criminal law proceedings, which would include the seizure of the currency notes and the arrest of suspects, raises grave concerns”.

The petition also remarks on how this ruling effectively shields judges, even in cases of severe misconduct. While it acknowledges that most judges are people of "erudition, integrity, learning and independence," the plea stresses that certain recent incidents, such as Justice Nirmal Yadav’s conviction in a bribery case and now the allegations against Justice Varma, show that judicial misconduct cannot be overlooked.

Outgoing Chief Justice of India had also forwarded the in-house committee report on the matter to the President on May 8, 2025.

https://lawbeat.in/top-stories/supreme-court-agrees-to-urgently-hear-petition-seeking-fir-against-justice-yashwant-varma-1401088