NEW DELHI: Supreme Court on Wednesday dismissed a plea seeking registration of FIR against Justice Yashwant Varma in connection with alleged recovery of cash from his residence and said the in-house inquiry report against him had been sent to the President and PM.
Indicating that the judiciary had done its task by holding an in-house inquiry against the judge and the matter now rested with the Centre, a bench of Justices Abhay S Oka and Ujjal Bhuyan said, "...So follow the basic rule. If you are seeking a writ of mandamus, you have to first make a representation to those authorities before which the issue is pending."
You can come here if PM, Prez don't act: SC on judge cash row
Follow the basic rule. If you are seeking a writ of mandamus, you have to first make a representation to authorities before which the issue is pending. Action has to be taken by President and PM," the bench told advocate Mathews Nedumpara who had filed the plea along with other lawyers.
Nedumpara said all were equal before the law and criminal laws applied equally, irrespective of one's status, and judges should also face consequences for violating the law. "You do not know contents of the report (in Justice Yashwant Varma case). We also do not know contents of that report. You make a representation before President and PM calling upon them to take action. If they don't take action, you can come here," SC said.
The lawyer thereafter questioned validity of a five-judge constitution bench order in K Veeraswami case in which it was held that no criminal case shall be registered against a judge of SC or HC without approval from Chief Justice. He said the verdict should be declared invalid.
The bench, however, said it could not examine that issue in the present proceedings.
Indicating that the judiciary had done its task by holding an in-house inquiry against the judge and the matter now rested with the Centre, a bench of Justices Abhay S Oka and Ujjal Bhuyan said, "...So follow the basic rule. If you are seeking a writ of mandamus, you have to first make a representation to those authorities before which the issue is pending."
You can come here if PM, Prez don't act: SC on judge cash row
Follow the basic rule. If you are seeking a writ of mandamus, you have to first make a representation to authorities before which the issue is pending. Action has to be taken by President and PM," the bench told advocate Mathews Nedumpara who had filed the plea along with other lawyers.
Nedumpara said all were equal before the law and criminal laws applied equally, irrespective of one's status, and judges should also face consequences for violating the law. "You do not know contents of the report (in Justice Yashwant Varma case). We also do not know contents of that report. You make a representation before President and PM calling upon them to take action. If they don't take action, you can come here," SC said.
The lawyer thereafter questioned validity of a five-judge constitution bench order in K Veeraswami case in which it was held that no criminal case shall be registered against a judge of SC or HC without approval from Chief Justice. He said the verdict should be declared invalid.
The bench, however, said it could not examine that issue in the present proceedings.
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