Cash Recovery at Justice Yashwant Varma’s Residence – Judicial Controversy

21.04.2025

Cash Recovery at Justice Yashwant Varma’s Residence – Judicial Controversy

Context :
Burnt cash was allegedly discovered during a fire incident at the residence of Delhi High Court judge Justice Yashwant Varma on Holi night (March 2025). The incident triggered concerns over judicial accountability and lack of criminal investigation.

V.P. Dhankhar’s Remarks

No FIR Filed :
Vice President Jagdeep Dhankhar questioned why no FIR was lodged, calling it a violation of the law as cognizable offences must be reported.

• Judicial Independence Misused:
  Stressed that judicial independence should not be used as a shield against legal probes.
• Committee’s Limitations :
  The SC-formed in-house committee lacks legal power, can only recommend, not act.

Final Authority :
Any real action, such as removal of a judge, can only be done by Parliament.

What is NJAC (National Judicial Appointments Commission)?

Purpose :
To replace the collegium system and bring transparency to the appointment and transfer of judges in the higher judiciary.

Established By:

• 99th Constitutional Amendment Act, 2014, (NJAC Act, 2014)

Composition:

• Chief Justice of India (Chairperson)
• Two senior-most SC judges
• Union Law Minister
• Two eminent persons
• One nominee must be from SC / ST / OBC / Minorities/Women

Functions:

• Recommend appointments and transfers of SC and HC judges
• Ensure integrity and competence in recommendations

Role of Parliament:

• Parliament can regulate procedures and empower NJAC to frame its rules

Supreme Court Verdict (2015)

Case: SC Advocates-on-Record Association v. Union of India

• Declared NJAC unconstitutional
• Violated Basic Structure Doctrine
• Judicial independence must remain with judges; outside interference (via non-judicial members) not allowed

Result:
 The Collegium system was restored as the method for judicial appointments.