Who will Judge the Judges?

The Collegium is under the scanner for not relieving the Delhi high Court Judge of his judicial  duties and opting to transfer him to the Allahabad high court. 

Justice  Yashwant Varma who is a sitting  judge of the Delhi  High Court had allegedly 15 crore of cash stashed at his official residence when the fire fighters were dousing flames at his residence  on Holi. 

He was subsequently shifted to Allahabad  high court which drew huge criticism from the Allahabad  Bar Association which tersely commented that it was not a dust bin where tainted judges could be dumped. 

The same words were echoed by renowned legal luminary Harish Salve former Solicitar General and Senior Supreme court lawyer.

 The in house enquiry mooted by the CJI drew the ire of the media and Salve who said that had a senior bureaucrat or for that matter a cabinet minister been caught with such huge amount  of cash the ED and income tax would have been at their  doorstep. 

The firemen who doused the flames and found a room full of cash are obviously  mum as is justice Varma. Instead of being  shifted to the Allahabad high court it would have been in order if the judge would have been told to relinquish his duties pending an enquiry by an independent authority which as Salve mentioned could have been a 3 member committee consisting of eminent judges and credible members from the Civil society.

 Transparency and accountability are the edifice  of any institution particularly  so the judiciary which is there to safeguard  the interests of the common man and a guardian of justice. 

Appointment  of judges is often shrouded in secrecy with the Collegium having the last word. An attempt was made to bring more transparency in the Appointment of judges  through the NJAC ( National  judges Appointment commission) in 2015 through  ratification  by both houses of parliament and 20 State legislatives. 

However the move was knocked down by the apex court citing independence  of judiciary. 

With Judicial  independence comes higher responsibility,  transparent conduct and high degree of probity. 

The judiciary  takes upon itself to overide over the executive and the legislature in passing judgements and staying and overturning executive orders but when it comes to setting it’s own house in order or bringing to book a person from it’s own fraternity it is often seen sidestepping  dodgy and  nonchalant as was the case with Justice Varma.