SC two judge bench turns down the petition urging for filing the FIR in justice Yashwant Sinha case of fire and currency seizure
The SUPREME COURT has turned down the petition regarding lodging of the FIR against the Delhi High Court judge Yashwant Verma.
The petition has been turned down on the ground of the already going on “In House Probe” by the Committee of the Supreme Court dealing with the matter at present hence there is no need for any FIR till the SC committee completes its probe and reaches at any credible conclusion.
The SC said that since the inhouse committee is probing the case and the chief justice has all the necessary alternatives to arrive at a conclusive decision , there would not be any good if the petition is considered. Hence it’s turned down.
The two judge bench comprising of Justices Abhay S Oka and Ujjwal Bhuniyya said that this petition submitted / filed by advocates Methews J.Nedumpara and Hemaali Suresh Kurne has been submitted quite before time especially when the already constituted SC In House Probe Committee is investigating the matter.
If anything wrong is found in the matter , FIR can be lodged then. The matter can also be recommended to the parliament but today it is too early to say anything regarding the lodging of FI R said the Supreme court’s two judge bench while hearing the petition.
While arguing his case for lodging of the FIR against the Delhi High court judge Yashwant Verma after wads of currency notes were found and burnt at his residence on 14 th March the advocate Nedumbara in front of the two judge bench referred to other cases saying what has happened in Kerala in which a retired justice has been tried under the POSCO ACT and police couldn’t even write the name of the accuse. All the accusations were serious. Only the police can investigate such matters. The courts can’t prove such trivial matters said the advocate Nedumbara.
After listening the advocate justice OKA said : please do read the orders for the in house probe .All the options have been kept open after the process/ probe.
On this Nedumbara replied that after this starting revelation about the seizures of large quantity of currency notes during the fire on 14 March at the Judge’s house people are asking why has the FIR not been lodged the same day ? Why had then been no arrest ? Why no framing of charges till now ? Why no aplication of legal process ? Why no confiscation or preservation of relevant evidence etc ? Why was the matter delayed for a week and why didn’t the collegium then asked about the videography etc ?
To this the two judge bench said that we have heard these questions being raised. Now the internal probe is already under process. We don’t want to interfere. Moreover the CJI has all the options open to take the final action.
When advocate Nedumbara replied saying the common man has nothing to do with all this justice OKA said : You should educate the common masses about the law being made by the SUPREME Court of India for their well being.
Prior to this the chief justice Sanjeev Khanna led bench had already turned down this petition filed by Nedumbara advocate who filed it again on Sunday urging to direct the Delhi police to file the FIR in this case.
