Kapil Sibal blows holes in case against Justice Varma: 'No facts to go by other than alleged burnt cash'

Kapil Sibal, Independent Rajya Sabha MP.

There is no evidence to establish the quantum or origin of the alleged discovery of burnt bundles of cash found at the residence of former Delhi High Court judge Justice Yashwant Varma, senior Rajya Sabha MP and former Union minister Kapil Sibal said, blowing holes in the allegations levelled against the judge and called for a proper investigation to establish the facts in the case before seeking his impeachment.

In an interview with The Indian Express, Sibal, an independent Rajya Sabha MP and a former Congress leader who has been part of two impeachment processes against senior judges in 1993 and 2018, said there were no established facts, other than the videos showing burnt cash in the outhouse of the residence allotted to the judge.

"First, there is no evidence to discover how much cash was there. Mainstream media alleges, without any evidence, that there were four or six sacks...Who brought these and placed them there...no evidence. No mention of this in the evidence collected by the in-house (Supreme Court) committee. Mainstream media alleges, again without any evidence, that a sum of Rs 15 crore was there...Who counted them, only the media knows. No such evidence before the committee," Sibal said.

The former Union Law minister further pointed out that the outhouse where the cash was allegedly found was beyond the boundary wall, separating Justice Varma's residence from the outhouse and staff quarters. The CRPF was located at the main gate, with no direct view of the outhouse, Sibal said, adding that there was also a back gate where there was no security.

"So who put the cash in the outhouse? How much cash was there? Whether it was genuine or fake… all that has to be investigated."

Sibal also questioned the role of the Delhi Police and asked why it did not seize the alleged half-burnt cash. "The tape showed that remnants of cash were present. You needed only one note with a serial number to figure out which bank it came from. Much could have been inferred after that. Why did the Delhi Police not do that? Why did they not cordon off the premises? Why did they not keep a vigil throughout? Why did they not lodge an FIR?" he asked.

Sibal said in the interview that the inquiry carried out by the Supreme COurt-appointed in-house committee, comprising two Chief Justices and a judge, also did not look into why the Delhi police did not do "what they were supposed to".

"The committee said that is not part of their remit… They didn’t look into how members of the Fire Services Department conducted themselves… I have great regard for each of (the judges), but if they were asked to hold an inquiry, they should have looked into issues which (were) obvious," Sibal said.

He further pointed out that the SC committee also could not conclude that the cash belonged to the judge. "Without a full-fledged inquiry, they concluded that as cash was allegedly found as reflected in the taped videos, and the judge could not explain who the cash belonged to and who put it there, therefore, the cash found must have been placed there with his tacit/explicit knowledge. In the absence of any investigation, how do you make somebody culpable for something that he says he is not aware of? There has to be evidence to show that the cash was moved on such and such day, at such and such time… Somebody will have to unload, placing it in the outhouse," Sibal said, adding that the committee has not rendered any finding regarding the quantum of cash either.

Sibal also questioned the constitutional necessity for then CJI Sanjiv Khanna to forward the committee's report to the government.

"In this case, the MPs have no facts to go by other than alleged burnt cash, without knowing its origins. You are using an in-house procedure to supplant an inquiry without a motion, and you want to remove the judge," Sibal said, adding that the Supreme Court itself should direct the Secretary General to lodge an FIR and set up an SIT to investigate the matter.

Sibal's remarks come amid strong indications that the government was set to move a motion to impeach Justice Varma in Parliament during the Monsoon Session of Parliament next month.