New Delhi: For a third time in the row, advocate Mathews J. Nedumpara, along with other co-petitioners, has filed a writ petition before the Supreme Court seeking a direction to the Delhi Police to register an FIR in relation to the incident of alleged recovery of huge amounts of unaccounted cash from the residence of Justice Yashwant Varma.
The then Delhi High Court judge Justice Varma is embroiled in a controversy surrounding the alleged discovery of a huge pile of burnt cash in the storeroom attached to his bungalow in New Delhi after the fire brigade had gone there to douse a blaze on March 14.
In May, the Supreme Court had refused to entertain a similar plea filed by the same petitioners seeking criminal prosecution of Justice Varma.
“There was an in-house inquiry report. It has been forwarded to the President of India and the Prime Minister of India for action. If you are seeking a writ of mandamus, you have to first make a representation to those authorities before which the issue is pending,” a bench headed by Justice Abhay S. Oka (now retired) had told advocate Nedumpara, the lead petitioner-in-person.
“You make a representation calling upon them (the President and the PM) to take action. If they don’t take action, then you can come here,” the Bench, also comprising Justice Ujjal Bhuyan, had added.
In the last week of March, the same Bench had disposed of another plea seeking direction to the Delhi Police to register an FIR and cause an effective and meaningful investigation into the cash-discovery allegations.
“The ‘in-house’ inquiry is ongoing. If the report finds something wrong, an FIR could be directed, or the matter could be referred to the Parliament. Today is not the time to consider (the registration of FIR),” the top court had remarked then.
The latest petition reiterated that the Union government, which is in charge of the Delhi Police, was duty-bound to direct registration of an FIR.
The plea claimed that the non-registration of an FIR “amounts to a great failure in the discharge of its sovereign function, nay, duty to investigate crimes and secure punishment to those who violate the law”.
The petitioners said that they preferred representations to the President and the Prime Minister, but to date, no FIR has been registered against Justice Varma.
“The presence of huge volumes of cash running into crores of rupees, that too at the official residence of a judge of the Delhi High Court, who decides commercial matters involving hundreds and thousands of crores, whose residence is secured 24/7 by CRPF, would lead to the irresistible conclusion that the money which happened to catch fire is illegal money and the judge and the bribe giver, both, have committed offences punishable under the Prevention of Corruption Act, PMLA, BNS and other laws, which render it obligatory on the part of the Delhi Police to register an FIR,” said the petition.
Following the cash-discovery episode, which sent shockwaves across the judicial corridors, Justice Varma was repatriated to the Allahabad High Court, and an in-house probe was set up to probe the allegations.
The three-member inquiry committee, constituted by then CJI Justice Khanna, found the allegations serious enough to merit impeachment proceedings against Justice Varma.
As per sources, the Union government is preparing to initiate removal proceedings against Justice Varma, and an impeachment motion will be brought in the upcoming session of Parliament.
(IANS)
