A petition has been filed in the Supreme Court criticising the Centre for not initiating “an effective and meaningful investigation” into allegations of discovery and removal of “burnt” cash from the residential premises of High Court judge, Justice Yashwant Varma, in Delhi following a fire.

“The Central government, which is in charge of the Delhi Police, on it being reported that there has been an incident of huge volumes of currency notes, burned and partially burned, being found and clandestinely removed from the official residence of Justice Varma, was duty-bound to direct the Delhi Police to register an First Information Report (FIR). It amounts to a great failure in the discharge of its sovereign function, nay, duty to investigate crimes and secure punishment to those who violate the law,” advocate Mathews J. Nedumpara, petitioner-in-person, submitted in a petition.

In fact, the petition echoed the very report of the in-house inquiry committee constituted by the Chief Justice of India, Justice Sanjiv Khanna, which had also criticised the Delhi Police for its lack of quick action.

The inquiry committee had concluded that the police and fire authorities were “slipshod” for not lodging an FIR or preparing a seizure memo recording exactly what they came across at the scene of the fire on March 14-15.

The committee said the “higher police officers” had sought to explain their inaction by pointing to reasons like the “sensitivity of the issue” and the absence of Justice Varma at his residence at the time of incident. The judge was in Bhopal at the time of the blaze.

Justice Varma, who has himself approached the apex court anonymously in a petition, too has focussed his defence on the lack of any material evidence to base the allegations raised against him. He has attempted to discredit the conclusions reached in the in-house inquiry report by contending they were entirely based on presumptions.

There was not even a formal complaint about the ‘discovery’ of cash. Neither was the alleged cash seized or panchnama prepared. The whole series of events banked on photos and videos privately taken by some officials, his petition in the apex court said.

The inquiry committee had submitted a confidential report in early May, affirming the presence of cash and recommending the removal of Justice Varma from office. The then CJI, Justice Sanjiv Khanna, had forwarded the report to the President and the Prime Minister to commence the processes of a removal motion in the Parliament.

Mr. Nedumpara’s petition is the third in a series filed by the advocate in the apex court for registration of an FIR. It has coincided with both Justice Varma approaching the apex court and the opening of the Monsoon Session of the Parliament, in which the Opposition is poised to raise a debate on the removal motion.

On the first instance, Mr. Nedumpara had been asked by the top court to await the outcome of the in-house inquiry by a fact-finding committee of three judges appointed by the Chief Justice of India.

“After the committee had submitted its report, no FIR was registered. The petitioner filed yet another writ petition and was asked by the court to approach the President and the Prime Minister… To the petitioner’s knowledge no FIR has been registered till date,” the petitoner-advocate submitted.

The petition urged the apex court to direct the Centre/Delhi Police to register an FIR and cause or in the alternative to direct the Police/Union government to seek permission of the Chief Justice for the registration of an FIR… what is at stake is the concept of the rule of law, equality before law and equal protection of law,” the petition argued.

The advocate intends to make an oral mentioning in court for an early hearing of his petition.