Justice Verma Cash Case: The ‘cash scandal’ at the house of Delhi High Court Judge Yashwant Verma has created panic. Allegedly, a large amount of cash was found at his house, after which the Supreme Court has also come into action. Chief Justice of India (CJI) Sanjeev Khanna has constituted a three -member committee to investigate the case. This inquiry committee will be chaired by Justice Sheel Nagu, Chief Justice of Punjab and Haryana High Court. Apart from this, the committee also includes Chief Justice of Himachal Pradesh Justice GS Sandhawalia and Judge Anu Shivraman of Karnataka High Court.
Here, Justice Yashwat Verma has dismissed the allegations against him. He has said that at the time the incident happened, he and his wife were not present in Delhi. He has said that all this is a conspiracy to defame and implicate them. Whatever the case, but many questions are being raised if there is no action against Justice Verma so far. People say that an FIR is immediately registered against the common man in such a case and criminal investigation is started, but why did it not happen in the Justice Verma case? In such a situation, let us know whether an FIR can be registered against an existing judge? How is action in this matter.
When can the FIR be registered on the current judge?
The simple the matter looks, the more difficult the answer is. In fact, criminal proceedings and FIRs against the current judge of India cannot be lodged until the Chief Justice of India (CJI) gives his consultation in this matter. If the CJI feels that the allegations against the current judge are prima facie correct, then he advises the President of India to allow the police to register an FIR. Only then further action is taken. However, if the judges are not in the post, then the approval in this case is not necessary.
Action is taken under in-house process
In 1995, in the Ravichandran Iyer vs Justice AM Bhattacharya case, the Supreme Court said that impeachment against any existing judge should be used only in serious cases. The Supreme Court suggested an alternative procedure in this case, which is called an in-house process. Under this, the CJI summons the reply on receiving a complaint against the judge. If that answer is not satisfied and he feels that the matter is serious and it should be investigated, then he forms an in-house check panel. This panel will consist of two Chief Justice of other High Courts and a judge of a High Court.
How is the judge removed from the post?
If the in-house check panel recommends the removal of the judge in its report, the Chief Justice asks the judge (who is accused) to resign or take voluntary retirement. If he refuses this, then impeachment can be brought. The impeachment motion is introduced in one of the houses of Parliament. It is necessary to support at least 100 MPs in the Lok Sabha and at least 50 MPs in the Rajya Sabha on this proposal. The judge can be removed from the post after the impeachment motion is passed from both the houses. Till date, a High Court judge in India has not been removed from the post through impeachment.
