NEW DELHI: CJI Sanjiv Khanna‘s prompt move to order a judicial inquiry into charges of cash being found at Justice Yashwant Varma‘s residence notwithstanding, the task ahead for the three-member panel could be tedious and time-consuming as it involves examining many people and requires assistance of experts to analyse the judge’s call data records.
The panel of Punjab & Haryana CJ Sheel Nagu, Himachal Pradesh CJ G S Sandhawalia and Karnataka HC’s Anu Sivaraman, all seasoned judges with over a decade’s experience in constitutional courts, will have to take out time to list people to be examined.
In the list will be the first responders to the fire in the storeroom of Justice Varma’s residence on March 14 night, which the police chief claimed mostly remained locked but the judge said was accessed by staff, gardeners and PWD staff.
The panel will take the help of forensic experts to verify the authenticity of the video of burnt cash shot by the first responders and also examine whether the place where cash was burnt matched with the storeroom at the judge’s residence.
Examination of judge’s CDR will need expert help
Since Justice Varma cited the Delhi fire chief‘s “no cash found at the judge’s residence” statement in his defence, the latter may also be summoned and asked about the basis for his statement and subsequent U-turn.
Security personnel who said “debris and half-burnt” articles were removed by the judge’s staff on March 15 – a charge denied by Justice Varma – will also be examined along with their colleagues who were on security duty at the bungalow on Tughlaq Crescent for the last six months. Staff who worked at Justice Varma’s residence, including his personal assistants, will be called as well.
Another important aspect of the inquiry is the examination of call data records of the phones used by Justice Varma in his official and personal capacity. The inquiry panel will require assistance of experts in information technology and telecom industries for this. The judge has been asked not to delete any data from his phones.
The Delhi Police commissioner had informed Delhi HC CJ D K Upadhyay on March 15 that “the storeroom is adjacent to the guard room where Central Reserve Police Force (Battalion 70F) is posted and the storeroom used to be kept locked”. However, the judge in his defence had said, “The room was being used as a storeroom to keep useless household articles and remained accessible to all and sundry and was not kept locked.”
However, the Delhi HC CJ’s report said, “The enquiry conducted by me, prima facie, does not reveal possibility of entry or access to the room by any person other than those residing in the bungalow, the servants, the gardeners and CPWD personnel, if any. Accordingly, I am of the prima facie opinion that the entire matter warrants a deeper probe.”
In his explanation, Justice Varma had said, “I once again make it clear that no one from my house ever reported seeing any currency in burnt form in the room. In fact, this gets further corroborated from there being no cash or currency which we saw when the site was restored to us after the fire personnel and police had left the scene, quite apart from we being not apprised of any recovery or seizure made on the spot. This may also be viewed in light of the statement of the chief of the fire service which I have gathered from news reports.”
