Delhi High Court Judge’s Cash Stack. Is India’s Judiciary A Case Of A Rotting Apple From Inside? If Judges And Politicians Are Corrupt, Where Do Citizens Turn For Justice?
Rs 15 crore unaccounted cash found at Delhi High Court Judge Yashwant Varma’s residence has again brought to the fore the all-important question of how strong, clean, and dependable India’s Judiciary System is, and those who make it.
For those who may just be reading about this case, here is the brief – a fire at the residence of Delhi High Court Judge, Justice Yashwant Varma, led to the discovery of a significant amount of cash, raising eyebrows across the nation. Reports suggest Rs 15 crore was found, though some sources claim the figure is Rs 15 lakh. The fire, which occurred on March 14 while Justice Varma was away, prompted his family to call the fire department. Once extinguished, the responders found a substantial pile of cash hidden in one of the rooms.
This unexpected discovery caused an immediate stir, leading to a swift escalation to higher authorities and an urgent response from the apex judicial body of India. On March 20, under the directive of Chief Justice of India Sanjiv Khanna, the Supreme Court collegium convened and decided to transfer Justice Varma back to the Allahabad High Court, his original posting before his appointment to the Delhi High Court in October 2021.
Now, the ironic part – DFS Chief Atul Garg (the fire chief) has issued a statement that no cash was discovered in the residence. This sudden turnaround has only deepened suspicions and fueled allegations of an attempt to suppress a scandal that could shake the very foundations of India’s judiciary.
Justice Yashwant Varma. The Cash Stacker
Justice Varma graduated in law from Rewa University in 1992 and got enrolled as an advocate the same year. He practiced mainly on the civil side, handling varied matters relating to constitutional, industrial disputes, corporate, taxation, environment, and allied branches of law.
He was elevated as an additional judge of the Allahabad High Court in October 2014 and took oath as a permanent judge in February 2016. He was also the special counsel for the Allahabad High Court from 2006 till his elevation. In October 2021, he was sworn in as a judge of the Delhi High Court.
Simbhaoli Sugar Mill Fraud Case
Let us rewind a bit – the alleged discovery of a large stash of cash at Justice Yashwant Varma’s residence has reignited interest in the Simbhaoli Sugar Mill fraud case, a financial scandal that had largely slipped from public memory but is now back in the spotlight. The case, which dates back to February 2018, involved a massive banking fraud, and Justice Varma was named as an accused.
The CBI launched a probe into Simbhaoli Sugars following a complaint from the Oriental Bank of Commerce. The bank alleged that the company misappropriated a Rs 97.85 crore loan intended for farmers, diverting the funds for other purposes. By May 2015, Simbhaoli Sugars had already been flagged as a “suspected fraud” case and reported to the RBI. The CBI subsequently registered an FIR against 12 individuals, listing Yashwant Varma as the tenth accused in his then capacity as a Non-Executive Director of the company.
Despite the severity of the allegations, the case seemingly lost momentum, and no significant action was taken against those named in the FIR, including Varma. In February 2024, a court ordered the CBI to resume the stalled investigation. However, before any progress could be made, the Supreme Court overturned the directive, leading to the immediate closure of the CBI’s Preliminary Enquiry. This effectively ended any probe into the financial irregularities involving Simbhaoli Sugars and its directors.
The CBI’s inaction in 2018, coupled with the Supreme Court’s intervention in 2024, raises serious concerns about the handling of corruption-related investigations involving individuals in high positions.
If both politicians and judges are embroiled in corruption, is India’s judicial system decaying from within?
Our Questions And Concerns
Justice Yashwant Varma is the third senior-most judge in the Delhi High Court and was on the verge of elevation to the Supreme Court of India.
- This raises a fundamental question – how has he managed to climb the ranks without scrutiny, despite being under investigation in another high-profile case?
- The discovery of Rs 15 crore in unaccounted cash at his residence should have triggered immediate enforcement action. Yet, in contrast to how law enforcement deals with common citizens, there has been no Income Tax raid, no CBI inquiry, and no swift action.
- Why? Is a judge above the very judicial system meant to uphold justice? And if those meant to enforce the law are the ones found violating it, where do citizens turn for justice?
The Collegium – From Nepotism to Sex Scandals to Corruption
A mere transfer to Allahabad High Court, rather than an actual investigation and legal action, reeks of systemic rot.
This incident bears a striking resemblance to the recent Pune Porsche hit-and-run case, where a wealthy brat was let off with the absurd punishment of writing an essay—a ruling that stinks of bribery.
Similarly, the 2008 “Cash-at-Door” scandal involving a Punjab and Haryana High Court judge demonstrated that judicial corruption is neither new nor isolated.
But perhaps, this is just another symptom of a far deeper malaise, the infamous collegium system. The very body responsible for appointing and transferring judges has been under scrutiny for decades.
Nepotism in the Judiciary
It is an open secret that the collegium system favors the kith and kin of sitting judges and influential lawyers. Recommendations for judicial appointments are often based on familial ties rather than merit, raising serious doubts about the impartiality and integrity of the judiciary. In a country that upholds the rule of law as its cornerstone, such blatant favoritism erodes public trust in the system.
The Indian judiciary, with the Supreme Court at its apex, is supposed to function on meritocracy. However, allegations of nepotism have tainted this process. A judiciary that protects its own, rather than ensuring fair justice, betrays the very Constitution it is meant to uphold.
Nepotism is deeply entrenched in Indian society, from politics to business and now, the judiciary. Family ties play an outsized role in determining professional trajectories, and judicial appointments are no exception. Several Supreme Court judges hail from powerful legal or political dynasties, leading to reasonable suspicions of favoritism.
There are quite a few examples that can be given here –
Justice K. M. Joseph: His elevation to the Supreme Court was initially blocked by the Union Government despite strong recommendations, sparking debates over political interference in judicial appointments.
Justice Indu Malhotra: While undoubtedly a competent judge, her rapid rise and proximity to influential political and legal circles raised concerns about whether merit alone dictated her appointment.
Judges’ Kin in Key Positions: In 2019, multiple advocates who were direct relatives of sitting judges were appointed to key judicial roles. This recurring pattern raises serious doubts about the objectivity and fairness of judicial proceedings.
The Collegium System. A Rotten System
Justice Varma’s case is not an aberration but a symptom of a larger, more insidious problem within the Indian judiciary. If the watchdogs of justice are complicit in corruption, and the collegium system continues to function like an old boys’ club, then who ensures justice for the common man?
The legal system, is increasingly looking like a well-oiled machinery of self-preservation, shielding the powerful while the ordinary citizen bears the brunt of injustice.
The Collegium System, instituted in India to ensure judicial appointments are handled within the judiciary itself, theoretically mitigates political influences in judicial appointments. However, the process has faced significant criticism for its lack of transparency. Many argue that this system can lead to obscured decision-making, where connections and previous ties among judges might play an unreported role in appointments, inadvertently facilitating nepotism.
For instance, several judges and their kin have risen to senior positions within the judiciary, leading to perceptions of a closed network that favors existing members and their families, rather than a broader consideration of merit. The involvement of former judges’ children and relatives occupying significant legal positions fuels public debate regarding the meritocratic nature of these appointments.
The issue of nepotism and questionable judicial ethics is not new. It has been further questioned by instances where members of the judiciary have been embroiled in controversies that erode public confidence in the system.
A video purportedly showing Singhvi engaged in sexual activity was widely circulated online, despite his attempts to block its dissemination. The video, recorded in what appears to be a court chamber, led to allegations that discussions regarding an offer of judgeship took place within the context of personal favors.
While the mainstream media largely refrained from broadcasting the footage, the scandal fueled speculation regarding how judicial appointments are influenced, and whether such incidents expose deeper, systemic corruption within the legal fraternity.
These incidents point to a troubling pattern, where judicial integrity is compromised, and the appointment process remains shrouded in secrecy. The very individuals tasked with upholding justice and ensuring the rule of law appear to be operating within an unchecked system that prioritizes personal interests over public good.
The Last Bit, Where Do Ordinary Citizens Look for Justice?
If corruption, nepotism, and lack of accountability plague the judiciary, where does the common citizen turn for justice?
The legal system, meant to be the last line of defense against injustice, appears to be eroding from within. Cases of bribery, favoritism, and judicial misconduct continue to surface, yet meaningful reforms remain absent.
The Delhi High Court Judge cash scandal is yet another example that when judges themselves come under suspicion, the entire legal framework of the country is called into question. Without a transparent and accountable mechanism to oversee judicial appointments and conduct, faith in the system will continue to decline.
If both the judiciary and political class are mired in corruption, who will safeguard the rights of the citizens?
The increasing number of cases that expose the judiciary’s ethical failures only amplify the urgency for an overhaul; without immediate and decisive action, the Indian judicial system risks being reduced to nothing more than a legal theater where justice is not served, but sold to the highest bidder.
