Lagatar24 Desk
New Delhi: Renowned senior advocate Harish Salve has questioned the Supreme Court Collegium’s decision to transfer Delhi High Court judge Justice Yashwant Varma, amid allegations of unaccounted cash recovery from his residence following a fire incident last week. Calling the situation “odd and murky”, Salve told NDTV that the judge’s transfer should be put on hold until a thorough investigation is conducted.
Salve, a former Solicitor General of India, expressed his dismay over conflicting reports—while the media reported ₹15 crore was recovered from the judge’s Lutyens’ Delhi bungalow, the Delhi Fire Chief Atul Garg clarified that no such recovery was made by firefighters. “If there was no recovery, what is the inquiry about? And if there was, then a mere transfer is inadequate,” Salve questioned.
Call For Transparency In Judiciary
Highlighting his longstanding criticism of the Collegium system, Salve said it was “unequal to the task” in dealing with such serious allegations. “We need a proper, transparent mechanism. If these allegations are false, we must know who fabricated them. If they are true, there must be accountability,” he said.
The Supreme Court, in an official statement, distanced the transfer of Justice Varma from the ongoing inquiry initiated by the Delhi High Court Chief Justice DK Upadhyaya. The report of the inquiry is expected shortly.
Salve proposed the formation of a special panel—comprising one judge and independent members from civil society—to investigate the allegations. “People must not feel the judiciary is shielding one of its own. There should be credibility to either his indictment or exoneration,” he emphasised.
Collegium System Flawed, NJAC Needed
Reiterating his opposition to the Collegium system, Salve called it a short-term solution that has failed to ensure transparency and merit in judicial appointments. He defended the National Judicial Appointments Commission (NJAC), which was struck down by the Supreme Court, and said tweaks could have fixed its issues instead of scrapping it entirely.
“The idea that only judges can appoint judges is flawed. Independent civil society members must have a say. The law minister must be involved—not to control—but to contribute to the process. Judges are not above scrutiny,” Salve asserted.
No Immunity For Judges
Salve clarified that while judicial protection is essential due to the sensitive nature of the role, it should not equate to immunity. “Senior civil servants and ministers perform equally sensitive functions. There must be a balanced system to hold everyone accountable,” he said.
In a strong appeal to Parliament, Salve urged all political parties to come together to safeguard public trust in the justice system. “Whether this report is true or false, both outcomes will shake public faith. We must act decisively to prevent long-term damage to India’s judiciary,” he concluded.
