Vice President and Rajya Sabha Chairman Jagdeep Dhankhar on Monday lauded Chief Justice of India (CJI) Sanjiv Khanna, saying he has initiated action in a “very impactful, transparent manner”. This observation came in the wake allegations of cash recovery from the residence of a high court judge.
Dhankar also held a meeting with Leader of the House JP Nadda and Leader of Opposition Mallikarjun Kharge on judicial accountability in the wake of these allegations and said they decided to await the outcome of the CJI-appointed in-house inquiry panel before taking up the issue further.
The Vice President, who has been a vocal critic of the Supreme Court’s October 2015 decision to quash the National Judicial Appointments Commission Act, said as suggested by the Leader of Opposition, he would soon convene a meeting of floor leaders of various parties in the Rajya Sabha on the issue as also of taking further the issue of NJAC Act.
Dhankhar said CJI Khanna showed “alertness” following the allegations of discovery of “four to five semi-burnt sacks” of Indian currency notes after a fire incident on March 14 at the residence of Delhi High Court judge Yashwant Varma by forming the panel to look into the matter, besides putting all material in the public domain.
He had earlier written to Nadda and Kharge for holding such a meeting for a structured discussion in the Upper House of Parliament on the issue of judicial accountability and the NJAC Act.
The two leaders held closed-door consultations with Dhankhar in his chamber at 11.30 am.
The meeting was held in reference to the observations Dhankhar made in the House on March 21 while responding to the points raised by Congress leader Jairam Ramesh over the cash recovery row.
Dhankhar had referred to the mechanism for judicial appointments after the passage of the NJAC Act in 2014. The legislation was struck down by the Supreme Court later.
After the meeting, Dhakhar said he is grateful to the Leader of the House and Leader of the Opposition, for a meaningful deliberation about the issue that is agitating the minds of the judiciary, parliamentarians and the public at large.
“It is for the first time since independence that a Chief Justice has in a transparent, accountable manner put all material available to him in the public domain and shared it without keeping anything with the Court.
“This is a step in the right direction.
The Constitution of a committee by the Chief Justice of India and the alertness he has reflected are also a factor that needs consideration.
“Institutions like the Judiciary and the Legislature serve their purpose best when their in-house mechanism is effective, fast and upholds public trust,” the Rajya Sabha Chairman said.
“Since it is for the first time that the head of Judiciary, Chief Justice Sanjiv Khanna, has initiated action in a very, very impactful, transparent manner, it will be worthwhile to await the outcome of the committee as that will enable us to have the entire material for our consideration,” Dhankhar said after the meeting.
“A very thoughtful suggestion emanated from Kharge Ji that consistent with parliamentary practice, the issue needs to be deliberated with the floor leaders and, finding the suggestion in order and full approval also of all three of us, a meeting will accordingly be scheduled where I would extend an invitation to floor leaders in the Council of States to take a call on this,” he said in the presence of both Kharge and Nadda.
“I have indicated firmly that these steps taken so far by the Chief Justice of India, Sanjiv Khanna, are unprecedented if we go by past performance, and no effort will be spared to make available in the public domain by way of an inquiry what could possibly be the requirement in such a challenging situation that is agitating the minds of members of the Judiciary, members of the Bar, Parliamentarians and public at large,” he said.
The Chairman said he would schedule a meeting and send intimation as suggested by Kharge and Nadda in this direction to floor leaders of other parties for their views on the issue.
“I am grateful for their very deep understanding as both of them with rich experience, both being presidents of their respective political parties and holding constitutional offices, have believed that institutions in the country must blossom only with integrity and public commitment and such kind of malaise needs to be eradicated so that we do not have a recurrence of it,” Dhakhar said.
Earlier in the Rajya Sabha on March 21, he had told the Rajya Sabha, “You all will recollect the mechanism which was passed by this House with near unanimity, with no dissension, only one abstention in the Rajya Sabha, all political parties converging and going in for the initiative of the government.”
“I wish to find out the status of that which emanated from Indian Parliament made sacrosanct by the endorsement of 16 state assemblies in the country and signed by the Hon’ble President under article 111 of the Constitution,” he had said.
“That historic legislation endorsed by this Parliament with unprecedented consensual support unknown to the parliamentary history of this country dealt with the malaise very severely.
“If the malaise had been dealt with perhaps we would not have countenanced such kind of issues. What bothers me is that the incident happened and did not immediately surface,” the chairman had observed.
Dhankhar had further said that he would “get in touch with the Leader of the House and the Leader of the Opposition, and find a mechanism for a structured discussion during the course of the session subject to their agreement.”
Meanwhile, the alleged discovery of a large stash of cash from the official residence of Delhi High Court judge Yashwant Varma drew sharp reactions from the opposition leaders who demanded a fair probe into the matter while some suggested that he should be impeached.
Reacting to the developments in the matter, the AAP’s Rajya Sabha MP Sanjay Singh said, “This is a big issue, people’s trust in the judiciary has been damaged.”
“This is the first time in the history of India that bundles of currency notes have been discovered from the house of a judge... He should resign and the matter should be investigated. Parliament should also discuss the issue,” he said.
Speaking to reporters outside Parliament, Singh said, “They throw opposition leaders in jail even when no money is recovered. (But in this case) crores of rupees have been found and no probe is being conducted.”
Congress MP Karti Chidambaram said the committee formed by CJI Khanna is a step forward, adding the government should make a statement on the issue in Parliament.
“It is really incumbent upon the Chief Justice of India to bring out the truth of this cash fire episode... They have also formed a three-member committee of judges to look into it. This is the best way forward, but I think the Law Minister should make a statement in Parliament as well,” he said.
Trinamool Congress MP Kalyan Banerjee claimed that people’s confidence in the judiciary was webbing away. “People’s confidence in the judiciary is slowly deteriorating. It is the duty of the judiciary to instil confidence in people. Earlier we have seen sitting a judge resign and join a political party the next day, a CJI retiring and coming up as the member of Parliament,” he said.
“An inquiry has commenced. This is a good step taken by the Chief Justice of India. If the CJI wants, he can recommend impeachment. Parliament can also initiate a step for impeachment,” the MP from Wes Bengal’s Serampore said.
He also said, “The question is, would this kind of thing really stop the corruption of judges? A number of allegations are there but we can’t speak. If we speak we will be hauled up for contempt. The problem in this country is that judges get protection under the Contempt of Courts Act and no one can speak against them.”
P Sandosh Kumar of the Communist Party of India (CPI) said the judge should be impeached. “The Parliament of India will take steps to get him impeached. It is quite unfortunate and shocking to see such people sitting at the helm of (judicial) affairs,” the CPI MP said.
Azad Samaj party (ASP) MP Chandra Shekhar demanded that a judicial service commission should be formed. “There are examinations for appointment to every government post. Then why not for judges? A few families have captured the institution... It is time to finish the collegium system and have an all-India judicial commission,” he said.
