'If we stay silent now, we betray the very foundation of justice in this country.'
Anil Tiwari, president, Allahabad High Court Bar Association, tells Prasanna D Zore/Rediff.com why he and the bar association are demanding immediate impeachment proceeding against Delhi High Court Justice Yashwant Varma as well as an investigation against him by the Central Bureau of Investigation or Enforcement Directorate and why the bar association is vehemently opposing the Supreme Court Collegium's decision to transfer the judge back to his parent court, the Allahabad high court, even as it has withdrawn all judicial work from him.
The Allahabad High Court Bar Association has gone on an indefinite strike post lunch on Monday, March 24, soon after the Supreme Court Collegium's transfer decision and has made written presentations to the apex court citing the reasons why Justice Varma should either face impeachment or resign voluntarily.
"This is not like a civil servant getting suspended, undergoing trial, and then resuming duty after being cleared. A judge is different. Even if he gets a clean chit, will the public ever trust him again?" asks Tiwari
The Allahabad High Court Bar Association is on an indefinite strike in protest against Justice Yashwant Varma's transfer to Allahabad. What is the reason for this measure?
We are protesting because we stand against corruption in the judiciary. Our slogan is clear: Corruption-free judiciary. We cannot accept the transfer of a judge under suspicion back to Allahabad. This is not just about one judge -- it is about public trust in the judicial system.
What concrete evidence do you have about Justice Varma? The matter is still under scrutiny.
Judges should be like Caesar's wife -- above suspicion.
The fact remains that burnt cash worth crores was recovered from his residence after the fire on March 14. Reports initially mentioned Rs 15 crore, but there was a massive recovery, and yet the system is protecting him. This shakes the very foundation of public trust in the judiciary.
Shouldn't we wait for an official investigation to be completed before labelling anybody corrupt?
Let me complete. Have you seen the video released by the Supreme Court? It is part of the official record. The evidence is there.
Now, tell me, if a common man from a remote village comes to the Allahabad high court seeking justice, will he have confidence in a judge under such suspicion? No.
The confidence of the people in the judiciary has been completely shaken. If I remain silent, I fail in my duty as the president of the Allahabad High Court Bar Association, as a senior advocate, and as a responsible citizen of India. That is why we are protesting.
The Allahabad High Court Bar Association has written to the Chief Justice of India seeking impeachment proceedings. What exactly did your letter state?
We have demanded that the Chief Justice of India allow the CBI to register an FIR and conduct an independent investigation.
We do not trust the local police. Only agencies like the CBI and ED can conduct an impartial investigation.
You also said, 'Allahabad high court is not a trash bin.' What do you mean by that?
Exactly what I said! The Allahabad high court is not a dumping ground. Just because a judge is accused of corruption, does that mean he should be transferred here?
99.9% of our judges are honest, dedicated individuals. But a few black sheep exist, and unfortunately, they are being shielded. This is our concern.
Public faith in the judiciary is crumbling, and instead of addressing that, the system is transferring the problem.
But all work has been withdrawn from Justice Varma. Why does his transfer still concern you?
If his judicial powers have been withdrawn, then why transfer him at all?
Why not scrutinise all judgments he has delivered since 2014?
Why not conduct a full inquiry before taking any further steps?
Instead, this transfer seems like a strategy to shield him from scrutiny. Our demand is clear -- investigate first!
What exactly do you want from the Supreme Court regarding Justice Varma's transfer?
If he (Justice Yashwant Varma) is not fit to serve in the Delhi high court, then how is he fit for Allahabad?
Transferring him here raises suspicions. Are they preparing to clear his name quietly after a few months?
Let an independent investigation take place first. If he is found guilty, punish him. But why protect him now?
Do you trust that the CBI will conduct a fair investigation?
We have no faith in the local police, but we trust the CBI and ED to conduct a fair investigation. This is about public trust.
If people lose faith in the judiciary, what remains? If the judiciary loses credibility, law and order will collapse. Is that what we want?
Are you saying the Supreme Court Collegium's decision to transfer him to Allahabad is arbitrary?
Absolutely! This decision is arbitrary, baseless, and destroys public confidence in the judiciary.
The Supreme Court must not make administrative decisions that disregard the concerns of the people. India's Constitution begins with We, the People of India. This decision betrays that principle.
The Supreme Court administration is not fully aware of public sentiment. There is a difference between judicial power and administrative power.
I am questioning the administrative power, not the judicial integrity of the Supreme Court.
The judiciary's strength comes from public faith. If that faith is lost, the judiciary loses its power.
Wouldn't a senior lawyer like you wait for concrete evidence, due process of law to be followed before making allegations against a judge?
Let me explain. This is not like a civil servant getting suspended, undergoing trial, and then resuming duty after being cleared. A judge is different. Even if he gets a clean chit, will the public ever trust him again?
When a poor farmer from a village, who has sold his belongings to fight a case, enters his courtroom, will he feel confident about getting justice?
A judge must be above suspicion. Even a shadow of doubt is enough to disqualify him.
So your final demand is impeachment?
He should either be impeached or resign.
Our fight is not just for lawyers -- it is for the common citizen of India, who has immense faith in the judiciary.
99.9% of our judges are dedicated, honest, and beyond reproach. But a few black sheep are manipulating the system.
If we stay silent now, we betray the very foundation of justice in this country. That is why we will continue our fight, no matter what.
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