Supreme Court refuses RTI to disclose inquiry report on Justice Yashwant Varma

The Central Public Information Officer, Supreme Court of India last week refused to provide information in an RTI application seeking copy of the inhouse inquiry report against Justice Yashwant Varma. The RTI also sought copy of the letter sent by then CJI Sanjiv Khanna to the Prime Minister and President of India.

"The information cannot be provided in view of tests outlined by the Hon’ble Supreme Court in its judgment dated 13.11.2019 passed in Civil Appeal Nos.10044-45/2010 (CPIO, Supreme Court of India Vs. Subhash Chandra Agarwal, (2020) 5 SCC 481) viz. independence of judiciary, proportionality test, fiduciary relationship, invasion of the right to privacy and breach of duty of confidentiality etc. with reference to provisions of Section 8(1)(e) and Section 11(1) of the RTI Act, 2005.", the response given by Additional Registrar and CPIO Himani Sarad stated.

Recently, Supreme Court had also 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.

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.

The petition also remarked 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.

As per media reports Prime Minister Narendra Modi-led government is likely to introduce an impeachment motion against Justice Yashwant Varma in the cash at residence case during the upcoming monsoon session.