The recent allegations of unaccounted money recovered from Justice Yashwant Verma's residence have ignited a critical discussion about judicial accountability. The legal framework, as established in K. Veeraswami v. Union of India, mandates a specific protocol before criminal proceedings can be initiated against a sitting judge. This protocol, known as the "In-House Procedure" necessitates consultation with the Chief Justice of India (CJI).
The rationale behind this procedure is to shield judges from frivolous prosecutions and unwarranted harassment. The CJI, upon receiving a complaint, conducts a confidential inquiry, assessing the credibility of the allegations. If deemed necessary, a three-member committee, comprising senior judges, is constituted to conduct a thorough investigation, as clarified in subsequent rulings like Ravichandran Iyer and Additional District And Sessions.
The CJI then advises the President of India on whether to sanction the registration of an FIR. This process ensures that any action taken is based on credible evidence, safeguarding the judiciary's integrity. However, the confidentiality of these inquiries, as highlighted in Indira Jaising v. Registrar General, has raised concerns about transparency.
While the In-House Procedure serves to protect judicial independence, the lack of public access to inquiry reports fosters skepticism. Balancing institutional integrity with public trust remains a challenge, necessitating a nuanced approach that upholds both accountability and judicial sanctity. A more transparent framework, while maintaining confidentiality where necessary, could strengthen public confidence in the judiciary's ability to self-regulate.
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