“Someday, Citizens Have To Think About It” — Justice Abhay Oka On FIR Protection For Judges Amid Yashwant Varma Row
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Former Supreme Court judge Abhay Oka refused to comment on the merits of the Yashwant Varma case, citing his role in the decision-making process. He stressed the need to protect judges from frivolous FIRs to safeguard judicial independence.
New Delhi: On August 8, Former Supreme Court judge Justice Abhay Oka has spoken about the ongoing controversy surrounding Justice Yashwant Varma, making it clear that he would not comment on the merits of the case because of his direct involvement in the decision-making process as a Supreme Court judge at that time.
When asked about the controversy, Justice Oka said,
“Must say, very candidly, I have one constraint in dealing with Justice Varma’s case.. because, as a judge of the Supreme Court, I was part of the consultative process held by the Chief Justice of India.”
He explained that instead of directly commenting on the matter, he would guide people to refer to an important judgment.
“I’ll answer this question in a different way. Please read the judgment of Justice Khehar, which deals with this situation in which case an in-house committee can be constituted, and what are the powers of the Chief Justice after the committee submits a report. All that is explained in that judgment.”
Justice Oka also admitted he was yet to go through the specific judgment mentioned during the discussion.
“And I have not read the judgment you are referring to.”
He further added,
“I think I have to go through it.”
Making his position clear, he reiterated that he could not speak on the merits.
“But on the merits, I will not comment because I was part of the decision making process.”
Shifting the discussion away from the specific case, Justice Oka referred to legal protections available to judges in India. He mentioned the precedent set in the V. Ramaswami case and under certain laws that safeguard judges from being immediately subjected to criminal proceedings.
“But keep this case aside. In Viraswami’s case and under another law, there is a protection against registration of FIRS against judges.”
He highlighted why such a safeguard is important for judicial independence.
“And someday, citizens have to think about it.. because if that protection is not there, how many FIRs could be registered against judges? In what manner could they discharge their duties?”
Justice Oka concluded by leaving the issue for society to reflect upon.
“Someday, we have to answer this question.. not you, but we.”
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