Supreme Court: President and PM to Take Action in Judge Cash Case

New Delhi: The Supreme Court on Wednesday dismissed a plea seeking the registration of a first information report (FIR) against Justice Yashwant Varma in connection with alleged recovery of cash from his residence. The court stated that an internal inquiry report against the judge had been forwarded to the President and Prime Minister.

In a ruling by a bench of Justices Abhay S Oka and Ujjal Bhuyan, the court emphasized that the judiciary had fulfilled its role by conducting an internal inquiry into the matter. The court reiterated that if a writ of mandamus is sought, it must first be submitted to the relevant authorities before the issue is pending. The court directed that the President and Prime Minister must take action on the report.

Advocate Mathews Nedumpara, who filed the plea along with other lawyers, argued that all individuals are equal under the law, and criminal laws should apply equally, regardless of a person’s status. He asserted that judges, like anyone else, should face consequences for violating the law. The court responded by stating that the contents of the report were not known, and that a representation should be made to the President and Prime Minister to take action. If they do not act, the matter can be brought before the court.

Nedumpara also questioned the validity of a five-judge constitutional bench order in the K Veeraswami case, which held that no criminal case should be registered against a Supreme Court or High Court judge without the approval of the Chief Justice. He argued that this verdict should be declared invalid. However, the bench declined to examine this issue in the present proceedings.

The court concluded by reiterating the principle that the judiciary has completed its part, and the executive branch must now take the necessary steps to address the matter. The court urged the President and Prime Minister to act in accordance with the law and the findings of the internal inquiry.