'Where Is The Evidence Against Justice Varma?'

'We have already prejudged the issue. And now things have reached a point where it is very difficult for a person to say that he could be innocent.'
'But if you look at the facts, what has happened then there is no recovery memo.'
'We have been told that money was found in his house.'
'But if money is found, the first thing you do is prepare a recovery memo.'
'There's no recovery memo.'
'The question then immediately comes to mind is 'What happened to the money then?'

Former Allahabad High Court Bar Association president Rakesh Pande discusses with Rediff.com's Prasanna D Zore the legal and judicial impact of Justice Yashwant Varma's transfer from the Delhi high court back to Allahabad.

The transfer followed a fire at Justice Varma's Delhi residence on March 14, where burnt cash was reportedly found, sparking public outrage and prompting the Supreme Court Collegium's decision.

Pande believes that the Collegium's back-and-forth decisions surrounding Justice Varma's transfer back to his parent court since the day the cash was discovered at his residence has led to more questions being asked then answered.

"Some believe he should be punished immediately, while others want due process to be followed. Emotions have taken over reason," laments Advocate Pande.

How long will the strike by members of the Allahabad High Court Bar Association continue?

How long this indefinite strike will continue depends. The AHCBA will have to organise a meeting to decide whether to continue it on a day-to-day basis.

What's the reason for this strike?

They are basically resisting the transfer of Justice (Yashwant) Varma.

The Allahabad High Court Bar Association has opposed Justice Varma's transfer to the Allahabad high court, stating that the court is not a trash bin. Could you elaborate on it?

Basically, what the association is saying is that if there are allegations against the man (Justice Yashwant Varma), then transfer is not the remedy.

If you believe that the man is wrong, then take appropriate action. It is not proper to transfer him from one place to another because suppose he is wrong, then he continues his wrongs at the other place as well.

But the Supreme Court Collegium has justified the transfer as a routine administrative move.

In normal circumstances, it could be a routine transfer. But there is such a nexus between all that has happened that it's very difficult to believe that this transfer is routine.

What reforms would you suggest to improve the process so that such transfers are transparent?

You have to address all these issues at the time of appointment (of the judges). Unless you become very, very, careful about appointments, these things will keep happening.

What are your specific concerns regarding Justice Yashwant Varma?

See, we have already prejudged the issue. And now things have reached a point where it is very difficult for a person to say that he could be innocent as well.

But if you look at the facts, what has happened then there is no recovery memo. We have been told that money was found in his house in a storeroom. But if money is found, the first thing you do is prepare a recovery memo.

There's no recovery memo.

The question then immediately comes to the mind is 'What happened to the money then?'

If it was found and there is no recovery memo, then how do you trust that money was actually found and was unaccounted for?

And if there's no money, then on what basis is he being accused?

But the media has taken up the case, and public perception is already against the judge.

That's exactly the problem. The media has already prejudiced the public.

But as a lawyer, I am trained to question things. If the allegations are true, then obviously it is a serious issue. But we ought to be careful about how we go about it.

There's an inquiry committee. Let the committee come up with its final report. We are not aware of the full facts.

But one fact is very clear -- there is no recovery memo about the money that was supposedly found.

And that leads to more suspicion?

Yes, it does.

There is a video claiming that money was found burning. If that was the case and the police and fire department were there, then the first thing to do was prepare a recovery memo. That's fundamental.

If there's no recovery memo, then how do you convict a person? What is the evidence?

How do you think this transfer affects the credibility of the judiciary in the eyes of lawyers, litigants, and the public?

Over the last week, the public has convinced itself that something is wrong. That belief may be debatable, but it exists.

People now see this one man as representative of the entire judiciary, and the entire judiciary is being painted black. That is fundamentally wrong and worrisome.

Even if the allegations are true, we have over 500 judges at the high court level who are Constitutional functionaries. These kinds of allegations are rare and should not be generalised.

So you believe the judiciary is being turned into a punching bag?

Yes. The long-term consequences are being ignored. This is shaking people's faith in the entire judicial system, and that is deplorable.

Now every litigant who loses a case will think they lost not on merit but due to some external influence. This mindset is dangerous.

How should the judiciary handle cases where a judge faces allegations while ensuring due process, transparency, and institutional integrity?

The judiciary has already stopped allotting work to Justice (Yashwant) Varma. That is akin to suspension.

If he were a government servant, he could have been suspended. But since he is a Constitutional functionary, he cannot be suspended, so they have stopped allotting him work.

Now, if the inquiry committee finds him guilty, they will proceed with impeachment. If they find no basis to the allegations, the matter should end there.

But this is a process, and all processes take time.

But despite this, he has been transferred to the Allahabad high court. What do you think about that?

That, I don't understand. That was uncalled for.

Why do you think the Supreme Court Collegium took this decision?

Now that he is not being allotted work, there was no reason to transfer him. What purpose does it serve? It appears to be a decision taken under media pressure rather than any real necessity.

Hasn't this transfer complicated the issue further, raising more questions than answers?

Yes, it has. It has strengthened suspicions rather than resolving them.

What kind of response have you received from the broader legal fraternity regarding your position on Justice Varma's transfer? Have you seen support from other Bar Associations or judicial bodies?

I have not talked to other Bar Associations. But within my Bar, I have seen that people are split. Some believe he should be punished immediately, while others want due process to be followed. Emotions have taken over reason.