New Delhi:
The Supreme Court Collegium has decided that Justice Yashwant Verma will be transferred – from the Delhi High Court back to Allahabad. Sources told The Hindkesharithe decision was made after a large amount of unaccounted cash was found in his official bungalow last week, during Holi vacations.
The money was discovered after a fire broke out in the building and family members of the judge – who was not in the city at the time – called emergency services, who then called the police.
On being informed of the matter as it travelled up through official channels, the Collegium, headed by Chief Justice Sanjiv Khanna decided to transfer Justice Verma.
Justice Verma has not yet responded to the recovery of the cash.
Sources said the Chief Justice took a very serious view of the discovery of the cash and the five-member Collegium concurred, agreeing unanimously on Justice Verma’s transfer.
But sources also said some members felt stricter action was required to avoid tarnishing the reputation of the judiciary, which would have serious consequences on its ability to deliver justice to the people.
There was, therefore, also talk of Justice Verma being asked to resign.
Should he refuse to do so, some of the Collegium felt, an internal inquiry could be initiated by the Chief Justice; this would be the first step in his being removed by Parliament.
How Can High Court Judges Be Removed?
In 1999 the Supreme Court laid down guidelines to deal with allegations of corruption, wrongdoing, and judicial irregularity against judges of the Constitutional Court.
According to these guidelines, on receiving a complaint the Chief Justice will first seek a reply from the judge concerned. If he is dissatisfied with the answer, or believes the matter requires further investigation, he will form an internal committee.
This committee will consist of one Supreme Court judge and two High Court Chief Justices.
After the committee submits a report and if the Chief Justice is then of the opinion that the alleged misconduct is of a grave nature requiring removal, he will ask the judge to resign.
If the judge were to refuse, the Chief Justice will then write to the government to initiate proceedings for his/her removal by Parliament, under Article 124(4) of the Constitution.