A fresh petition has been moved before the Supreme Court, seeking directions for the registration of a criminal case against a sitting judge of the Allahabad High Court, Justice Yashwant Varma, in light of alleged misconduct linked to a cash recovery controversy.
The plea, filed by advocate Mathews Nedumpara along with three others, comes after an internal fact-finding committee is reported to have found preliminary merit in the allegations. The petitioners argue that despite the inquiry’s findings, no criminal proceedings have been initiated so far, which, according to them, raises serious questions about equal application of the law.
According to the petition, the Chief Justice of India, following the outcome of the internal inquiry, advised Justice Varma to resign from office. Upon his reported refusal, the CJI is said to have escalated the matter to constitutional authorities, including the President and the Prime Minister.
The petition contends that internal mechanisms for judicial accountability, though essential for maintaining institutional discipline, cannot override the need for a criminal investigation under prevailing legal provisions. The plea asserts that once judicial misconduct potentially amounting to a penal offence is established prima facie, criminal law must be allowed to take its course.
The same petitioners had earlier moved the Apex Court seeking similar relief, but their earlier challenge was turned down on the ground that the internal process was still underway. Now, with that process concluded, the petitioners maintain that a delay in initiating statutory criminal action would undermine the principles of fairness and judicial transparency.
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