Why Was The Currency Not Seized?
Kapil Sibal in his article printed in Indian Specific, raised query, ‘why was the forex not seized?’ and argues that the inquiry of the in-house committee is deeply flawed.
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Kapil Sibal argues that the in-house Committee inquiry into the burnt money case incident at Justice Yashwant Varma’s residence was deeply flawed. He believes it raised extra questions than it answered.
Questions that remained unanswered, What was the quantum of forex that was discovered? Why was the forex not seized? Why was a panchnama not ready by the Delhi Police current on the spot? Why was the outhouse not cordoned off to make sure that the scene of the incident was protected or secured? Why was the forex not preserved for inquiry and investigation? Why was an FIR not registered in opposition to unknown individuals?
In an article authored by Kapil Sibal, within the ‘Indian Specific’, raised inquiries to the in-house committee, claiming that the report is flawed which was the idea of impeachment movement.
Senior lawyer and member of Rajya Sabha, Kapil Sibal in his article raised severe questions, which he believes wanted to be answered,
“What was the quantum of forex that was discovered? Why was the forex not seized? Why was a panchnama not ready by the Delhi Police current on the spot? Why was the outhouse not cordoned off to make sure that the scene of the incident was protected or secured? Why was the forex not preserved for inquiry and investigation? Why was an FIR not registered in opposition to unknown individuals?”
Additional, concerning the mainstream media, that quotes the quantity of forex ranging 15 crore in massive bundles, he talked about,
“The forex within the alleged quantum couldn’t have entered the premises with out the information of the CRPF personnel stationed at his residence.”
He additionally emphasised on the intense difficulty, concerning the CCTV digicam which was positioned within the safety room on the entrance. When the CCTV digicam was seized, Forensic Science Laboratory (FSL) revealed that the arduous disk was clean.
This was the main safety lapse, as it’s the accountability of the State Authorities to guard the Decide. This once more elevate important questions,
“When did the CCTV digicam cease working? Did the safety personnel make any grievance in that regard?”
On this regard additionally, there was no reply. The Committee by no means investigated that, why the footage couldn’t be retrieved. As an alternative, the Committee blamed the Justice, as if he knew and have the management of the functioning of the CCTV.
The Committee proceeds on the belief and concludes that the keys of the outhouse have been underneath the tacit or energetic management of the household and didn’t make clear what this ‘tacit and energetic management’ means.
The Committee paced the burden to supply proof on the Decide, whereas the burden of proof shifts solely when the particular person is present in unlawful possession of substance which is prohibited by regulation.
Kapil Sibal mentioned,
“The inquiry was carried out behind the choose’s again, with out affording proper to cross-examination and alternative of listening to, even when it was demanded.”
The Committee additional concludes that the choose’s conduct was unnatural. Particularly, his failure to go to the outhouse upon getting back from Madhya Pradesh on the night of March 15 was unnatural. His lack of objection to his switch to the Allahabad Excessive Court docket suggests a way of guilt.
What is especially puzzling is why the household was not knowledgeable that forex had been discovered within the outhouse, both by the hearth division or the Delhi police. In actual fact, the choose solely turned conscious of this on March 17, when the video footage was proven to him.
There isn’t any direct or circumstantial proof of the removing of the remnant of the burnt forex from the premises of the choose resident. Kapil Sibal talked about that,
“The premise for the impeachment movement was a flawed report and not using a thorough investigation.”
Burnt Money Case: Justice Yashwant Varma
On 14th march, on the Delhi official residence of Justice Yashwant Varma, 15 crores money discovered which price him to face the impeachment course of in Parliament. The Central Authorities is in search of to take away the choose by way of the constitutional course of i.e. Impeachment.
On 22 March 2025, the Chief Justice Sanjiv Khanna constituted a 3 member committee to analyze the allegation in opposition to Justice Varma.
Justice Varma has denied any connection to the money discovered, stating that neither he nor his household positioned any cash within the storeroom and suggesting that the allegations are a part of a conspiracy to malign him.
Sanitation staff reported discovering burnt items of Rs.500 notes close to Justice Varma’s residence, including complexity to the investigation.
The Supreme Court docket transferred Justice Varma from Delhi Excessive Court docket to Allahabad Excessive Court docket. Additionally, the Chief Justice Allahabad Excessive Court docket has been requested to not assign any work to Justice Varma “in the intervening time“.
Authorized Process of Impeachment
Though the time period impeachment has not been used explicitly, however is used to explain the method for removing of judges from the workplace. This course of supplies a vital instrument to make sure judicial accountability together with preseving independence of judiciary.
Article 124(4) and 218 outlines the removing course of for Supreme Court docket and Excessive Court docket judges. the grounds for removing is proscribed to “proved misbehaviour and incapacity“.
Steps for impeachment course of :
- Initiation of movement;
- Formation of an Inquiry Committee;
- Committee report and Parliamentary Debate;
- Remaining Approval by the President.
ALSO READ: Impeachment Process: A Critical Look At Justice Shekhar Yadav And Justice Yashwant Varma
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Click Here to Read Our Reports on Justice Yashwant Varma
