Representation made in furtherance of the order of the Supreme Court dated 21.05.2025 in WP(C) no. 534/2025. Registration of FIR and expeditious, meaningful investigation into the incident of recovery of large amounts of burned cash at the residence of Justice Yashwant Varma of the Delhi High Court who has since been transferred to the Allahabad High Court – Reg.

MATHEWS J. NEDUMPARA

President

National Lawyers’ Campaign for Judicial Transparency and Reforms

101, Gundecha Chambers, Nagindas Master Rd, Kala Ghoda, Fort, Mumbai, Maharashtra 400001

Mob: +91 98205 35428/94471 65650

E-mail: mathewsjnedumpara@gmail.com

26.5.2025

For the kind personal attention of his Excellency

To,

Hon’ble Shri Narendra Modi

Prime Minister of India,

New Delhi

May it please your Excellency,

Sub: Representation made in furtherance of the order of the Supreme Court dated 21.05.2025 in WP(C) no. 534/2025. Registration of FIR and expeditious, meaningful investigation into the incident of recovery of large amounts of burned cash at the residence of Justice Yashwant Varma of the Delhi High Court who has since been transferred to the Allahabad High Court – Reg.

1. The instant letter/representation certainly will have no parallel in history. The undersigned along with a few lawyers and concerned citizens, invoked the jurisdiction of the Supreme Court under Article 32, twice, seeking the registration of an FIR of the incident now known as the ‘judge burning cash scam’.

2. The incident took place on the night of 14th March, 2025, at the official residence of Justice Varma. The fire force was called to douse the fire. The police, too, reached the scene of occurrence. The police were made to leave the scene of occurrence without registering an FIR sealing the area and seizing the burned and unburned currency notes. There was absolute silence by all authorities concerned. However, through word of mouth and widespread agitation on social media, the incident came to be known to the legal fraternity and the larger public. Eventually, after 6 days, the Supreme Court uploaded on its website, the video of the burned currency where a staff is heard saying ‘Mahatma Gandhi jal raha hai’, which today resonates to be the perception of the common man about the judiciary of the country.

3. In the wake of the public outcry, the Chief Justice of India/the collegium, instead of swinging into action and immediately granting permission to register an FIR, nay to set the criminal law in motion, constituted an in-house committee of 3 judges to enquire into the incident. The uploading of the video and the constitution of the committee was hailed to be a step in the direction of transparency. The uploading of the video certainly was, but the constitution of an in-house committee is nothing but preventing the police from the discharge of its statutory duty. The penal laws of the country are applicable equally to all. To the rich and the poor alike, to both the constitutional functionaries and the common man.

4. The bar used to be the fourth estate. When an incident as shocking and unprecedented as that of Justice Varma’s happened, it was the duty of the SCBA and the Delhi High Court Bar Association to raise ‘hue and cry’ and ask for the immediate resignation of the judge and registration of an FIR. But there was stoic silence. Only the Allahabad High Court Bar Association and the Bar Association Presidents from various parts of the country raised their voice. It was the media and the common man that vocal.

5. It was in the above backdrop that I approached the Supreme Court seeking a declaration that the direction in K. Veeraswami’s case that no FIR shall be registered against a judge of the Supreme Court or High Courts without prior permission of the Chief Justice of India is rendered per incuriam (in ignorance of law) and sub silentio (without considering the relevant statutory provisions). I also sought a direction to the police to register an FIR or in the alternative, even going by K. Veerawasmi, which is ex facie unconstitutional, to seek the permission of the Chief Justice of India to register an FIR. I had also sought a declaration that the in-house committee has no statutory backing and therefore, has no sanctity in law. My petition, however, was disposed of without adjudicating the issues raised, practically asking me to wait for the outcome of the committee before I sought any relief.

6. I moved the Supreme Court once again after the committee had reportedly indicted Justice Varma. The rumour in the legal circles is that the police had discretely and informally investigated the matter and that it pointed to a larger scam involving hundreds of crores of rupees and the involvement of several others. This impelled me to file the second petition asking for the registration of an FIR in no loss of time, for every day’s delay will allow the culprits, undoubtedly powerful and mighty, to escape the long arm of the law.

7. Who were the bribe givers, how many such instances had taken place, were there middlemen and what were the causes that came to be compromised are most pertinent. However, the Supreme Court rejected my plea holding that the Chief Justice has forwarded the report of the in-house Committee to your Excellency, so too, her Excellency, the President, and that I shall, before I seek a mandamus at the hands of the Supreme Court to register an FIR, make a representation your Excellency and the Hon’ble President. A copy of the said order dated 21.05.2025 and W.P (C) no. 534 of 2025 are annexed.

8. I am in complete disagreement with the judgment of the Supreme Court. The registration of an FIR is the job of the station house officer. He did not do so because he is prohibited from doing so because of the direction in the judgment in K. Veeraswami’s case restraining the police from filing an FIR against a judge without the permission of the Chief Justice of India. The Police could have registered an FIR notwithstanding K. Veeraswami because no judgment can be read as a statute or in substitution a statute, but to expect the police to do so in the current scenario where the Supreme Court has assumed to itself the powers of the executive and the legislature is too unrealistic.

9. I am certain that the government will initiate steps for impeachment of Justice Varma. The opposition parties will certainly extend their support. But that process is going to be time consuming. Justice Varma is all unlikely to resign because he would only be too aware of the bitter experience of Justice Shamit Mukherjee who resigned and immediately retracted his resignation in less than 3 hours realizing that he would lose the immunity that judges enjoy terms of the K. Veeraswami judgement. To Justice Shamit Mukherjee’s dismay, by the time he sought to retract his resignation, the Government said that they had accepted his resignation. He was arrested. In the case of Justice Nirmal Yadav, though, permission for arrest was declined by the then Chief Justice, Hon’ble Mr. K G Balakrishnan, his successor Hon’ble S.H Kapadia granted permission and she came to be arrested. There are ever so many instances of corruption dating as back as the early 1990s. But no meaningful action has been taken.

10. Justice Varma’s case is by far the most shocking in recent times. If an FIR is not registered and a thorough and impartial investigation is not conducted and the accused not brought to book, the faith of the common man in the judiciary will be put to even greater jeopardy.

11. Even as heaps of currency notes are found literally up in flames, if the common man is made to stand and watch as nothing more than a mute spectator, then what would be at stake is the very concept of rule of law, nay, democracy and the very Constitution we hold sacrosanct.

12. At the cost of the public exchequer, a 3-member in-house committee, which has no foundation in law, has conducted an enquiry. The report is still not in the public domain and remains a private affair. It would only be in the fitness of things for the government to publish the report and the Supreme Court has directed me to make a representation to your Excellency and her Excellency the President for the same.

13. We as citizens repose faith in the government and are certain that the government in no loss of time will publish the report of the in-house committee, cause an FIR to be registered, set the criminal law in motion, bring to book the judge and those involved. And in that unstinted hope, beseeching your Excellency to take urgent action, I remain.

With most respectful regards,

Yours Sincerely,

MATHEWS J. NEDUMPARA

Annexures

1) Order dated 21.05.2025 of the Supreme Court in W.P (C) no. 534 of 2025

2) Copy of the Writ Petition (C) no. 534/2025