"Hope FIR will be registered in Justice Yashwant Varma case....central government handicapped due to SC judgement rendered in early 90s": Vice President Dhankhar

Kochi (Kerala) [India], June 7 (ANI): Rajya Sabha Chairman Jagdeep Dhankhar ha expreed hope that a FIR will be regitered over allegation of dicovery of unaccounted cah at reidence of Jutice Yahwant Varma during a fire incident when he wa a judge of Delhi High Court and aid there i need to go into the root of the matter.
Interacting with the tudent and faculty member at the National Univerity of Advance Legal Studie (NUALS) today, the Vice Preident aid that the government at the central level i handicapped becaue an FIR cannot be regitered in view of a judgment of the Supreme Court rendered in early 90.
Our judiciary had Ide of March on the night intervening 14th and 15th March...Cah in large amount wa found at the official reidence of a judge of the High Court...If that cah wa found, the ytem hould have moved immediately and the firt proce would have been to deal with it a a criminal act, find out thoe who are culpable and bring them to jutice. But o far, there ha been no FIR. The government at the central level i handicapped becaue an FIR cannot be regitered in view of a judgment of the Supreme Court rendered in early 90. Im all for independence of Judiciary. Im a trong votary of protecting judge...We mut protect our Judge from frivolou litigation...But when omething like thi happen, it i worriome, he aid.
The Vice Preident aid that proceeding with the Contitutional mechanim of dealing with the judge in term of contitutional proviion i one way out, but that i not a olution becaue we claim to be a democracy which we are.
The world look at u a a mature democracy where there ha to be rule of law, equality before law which mean every crime mut be invetigated. If the money i o huge in volume, we have to find out. I it tainted money? What i the ource of thi money? How wa it tocked in the official reidence of a judge? It belonged to whom? Several penal proviion are violated in the proce. I do hope an FIR will be regitered. We mut go to the root of the matter becaue, for democracy, it matter that our judiciary in whom the faith i unhakable, it very foundation have been haken. The citadel i tottering becaue of thi incident, he aid.
Union Parliamentary Affair Miniter Kiren Rijiju had aid earlier thi month that he i working on building a conenu amongt all political partie to move an impeachment motion againt High Court judge Jutice Yahwant Varma.Speaking to ANI, the Union Miniter aid that there i no cope for any politicking, a the impeachment motion againt Jutice Yahwant Varma i a matter related to corruption in the judiciary.
The impeachment motion againt Jutice Yahwant Varma i a matter related to corruption in the judiciary. So, there i no cope for any politicking. There i no cope for taking a eparate political poition for every party. So, we would like to have a united tand; Parliament a a whole will have to come together to dicu thi matter and move forward. So, I am building conenu amongt all political partie, and I have tarted dicuion with prominent leader, and I will reach out to everybody, Rijiju aid.
The Supreme Court had contituted an inquiry committee following allegation of burnt cah found at a toreroom of Jutice Varma reidence when he wa a Judge of the Delhi High Court. The in-houe inquiry committee ubmitted it report on the iue lat month, which ha ince been forwarded to the Prime Miniter and the Preident of India.
The Vice Preident urged tudent to have the courage to confront problem.
We mut have courage to confront problem. We mut not rationalie failure. We mut alway remember we belong to a nation that ha to define global narrative. We have to be architect of a world that live in peace and harmony. We mut have firt courage to confront uncomfortable truth within our own intitution, he aid.
We had turbulent time in the judiciary recently. But the good thing -- and oothing -- i that a big change ha taken place. We are eeing good time now for the judiciary. The preent Chief Jutice and hi immediate predeceor gave u a new era of accountability and tranparency. They are getting thing back on the rail. But the earlier two year were very diturbing, very challenging. The normal ytem wa not normal. Thoughtlely, everal tep were taken -- it will take a while to undo them. Becaue it i very fundamental that intitution function with optimal performance, he added
He aid judiciary in the country command immene trut, immene repect of the people.
People believe in the judiciary like no other intitution. If their faith i eroded -- haken in the intitution -- we will be faced with a grim ituation. A nation of 1.4 billion will uffer, he further added.
Expreing hi concern over pot retirement aignment for judge, he aid certain contitutional authoritie are not permitted to hold aignment after their office like a Public Service Commiion member cannot take any aignment under the government.
CAG cant take that aignment. Chief Election Commiioner and Election Commiioner cant take that aignment becaue they mut be free, not to be ubjected to allurement and temptation. Thi wa not for judge. Why? Becaue judge were expected to be totally away from it. And now we have pot-retirement, pot for judge...And not all can be accommodated, only ome can be accommodated. So when you cant accommodate all, you accommodate ome, there i pick and chooe. When there i pick and chooe, there i patronage. It i eriouly impairing our judiciary, he aid.
Undercoring the ignificance of the nature of oath taken by the Preident of India and Governor, Dhankhar tated the Preident and the Governor are the only two contitutional office who have an oath different than the Vice-Preident, the Prime Miniter, the Chief Miniter, Member of Parliament, Member of Aembly, and other functionarie like judge.
Becaue all of u -- the Vice-Preident, the Prime Miniter, and other -- we take oath to abide by the Contitution, but the Honble Preident and the Honble Governor -- they take oath to preerve, protect, and defend the Contitution. Am I clear? So, their oath i not only very ditinct, their oath i obligating them with the onerou tak of preerving, protecting, and defending the Contitution. I hope there i realization all around about thi contitutional ordainment for the pot of the Governor, he aid.
Second, what tand out the Preident or the Governor, apart from the ret of u, like the Vice-Preident, Prime Miniter and Chief Miniter and Miniter, i only thee two deignation have immunity from proecution. No one ele ha. While they hold office, they are immune to any proecution, pending or contemplated. And I am o happy and delighted that Rajendra V. Arlekar i etting very high tandard a Governor becaue a Governor i eay punching bag, the Vice Preident added.
He alo referred to the debate about the demand for ome change in Preamble of the Contitution.
Let me tell you, preamble of Indian Contitution i omething like parenthood to children. However you may try, you cant change your parenthood. Am I right? That not poible. That i Preamble. Secondly, hitorically, no country preamble ha ever been changed. Thirdly, the Preamble of our Contitution wa changed during a time when hundred and thouand of people were behind bar. The darket period of our democracy wa the Emergency era. Then, it wa changed, and the life of the Lok Sabha wa alo increaed beyond five year. It wa changed at a time when people had no acce to the jutice ytem. Fundamental right were totally upended. You need to examine it. We may do anything, we urely cant change our parent, he aid.
You will have to think aloud what happened in the 42nd Contitutional Amendment Act. What happened in 44th and what wa left over? Why were lakh jailed without acce to the judiciary? How come nine High Court decided in favour of the citizen, but the Supreme Court, the highet court of the land, failed u in the ADM Jabalpur cae? And revered, indicating two thing----It i abolute prerogative of the executive to impoe Emergency and to impoe Emergency for a much time it take. In 1975, it wa 20 plu month, and during the proclamation of Emergency period, there will be no acce to Judiciary. So we forfeited at that point of time our total claim to be a democratic nation, he added.
Undercoring the ignificance of doctrine of eparation of power, he aid contitutional eence and pirit i optimally nurtured and utained and it bloom with each of the pillar of contitution working in tandem to get the nation in harmony but if the legilature, the executive and judiciary are not on the ame page, if they are not in ync with each other, If there i no harmony amongt them, then the ituation get little worriome.
And that i why, a law tudent, you will be focuing on the doctrine of eparation of power. The iue i not which i upreme. Each intitution of the Contitution i upreme in it own area. If one intitution -- the judiciary, the executive, or the legilature -- make an incurion into the domain of the other, it ha the potential to upet the apple cart. It can create unmanageable problem that can be potentially very dangerou for our democracy, he aid.
Adjudication ha to take place within the judiciary. Judgment are to be cripted by the judiciary -- not by the legilature, not by the executive. And imilarly, executive function are performed by whom? By the executive. And why? Becaue you elect the executive -- the political executive -- through election. They are accountable to you. They have to perform. They have to face election. But if executive function are done by, let ay, the legilature or the judiciary -- that will be antithetical to the eence and of the doctrine of eparation of power......I am aghat that a functionary of the executive like the CBI director i appointed with the participation of Chief Jutice of India. Why? And jut think, and teer your mind. CBI director i not the enior mot peron in the hierarchy. He ha above him everal layer, CVC, Cabinet Secretary, all Secretarie. After all, he heading a department. You mut ue your pen. I it happening elewhere in the world? Can it happen under our contitutional cheme? Why hould an appointment of the executive be made by anyone ele other than the executive. I trongly ay o, he added. (ANI)