Mechanism to ensure accountability of judiciary without compromising its independence need of hour: Cong resolution

Ahmedabad, Apr 9 (PTI) Terming as "alarming" the alleged discovery of a large amount of cash from the residence of a high court judge, the Congress on Wednesday said a mechanism for judicial accountability, without compromising judicial independence, is the need of the hour.

The 'Nyaypath' resolution adopted by the Congress at the AICC session here on the banks of the Sabarmati river made a reference to the row over the recovery of "four to five semi-burnt sacks" of Indian currency notes after a fire incident in March at the residence of Delhi High Court judge Yashwant Varma, who has since been transferred to Allahabad High Court.

"The malady of attack on every institution and compromising its sanctity,by force or by allurement, by the powers that are, has not spared even the Judiciary.

"The recent incident of recovery of cash from the residence of a Judge is indeed alarming," the AICC resolution said.

"While the Congress recognises that an independent judiciary is intrinsic to the protection of Constitutional principles and democracy, it is also true that Judiciary must set safeguards and standards for accountability," the resolution said.

"A mechanism for Judicial accountability, without compromising Judicial independence, is the need of the hour," it said.

The government last month had notified the transfer of Justice Varma to his parent Allahabad High Court, the order coming amid a row over the alleged discovery of a huge amount of cash from his official residence in New Delhi.

Recommending his transfer, the Supreme Court Collegium had asserted the move was separate from an in-house probe ordered by the top court over the alleged discovery of cash from Justice Varma's home after a fire incident on the night of Holi, March 14.

On March 21, the Supreme Court said Delhi High Court Chief Justice D K Upadhyaya had initiated an in-house inquiry against Justice Varma and there was a separate proposal to transfer him.

Justice Varma has "unequivocally" denied any cash being placed in a storeroom on his residential premises either by him or any of his family members while "strongly denouncing the suggestion that the alleged cash belonged" to them.

He said the allegations of cash discovery from his official residence clearly appeared to be a conspiracy to frame and malign him.

In its resolution, the Congress also alleged that a web of unconstitutionality is being executed by premeditated strikes against different institutions.

It alleged the "stripping" of independence and autonomy of the Election Commission by "a designed bungling in the electoral voter lists, by coercively and forcibly collecting donations through an illegal Electoral Bond Scheme".

It also alleged the "capturing and enslaving" of institutions like the CBI, ED, CVC, CAG, CBDT and Income Tax to unleash them against political opponents, writers, thinkers, journalists, artists, filmmakers, NGOs and civil society members".

"The agencies have been weaponised to topple democratically elected governments and seize power for the BJP through unconstitutional means," the resolution alleged.

It alleged that the federal structure of India is also under direct attack.

"The tactics include financially weakening the states by curtailing their GST revenue share as also by the proposed plan of 'One Nation, One Election' for centralisation of the federal structure," it said.

"A glaring & painful example of calculated decimation of federal structure is denial of statehood to J-K, despite the promise made by the government in the Parliament on 05 August 2019 and the judgement of the Supreme Court, as also failure to fulfil the aspirations of people of Ladakh," the resolution said.

This onslaught now extends to the country's education system by the "unilateral imposition" of the 'National Education Policy', which has become an instrument for "academic subjugation and commercialisation" of education, the party alleged.

"We solemnly pledge that we will never allow anti-Constitution forces to succeed in their destructive designs.

"Our indelible commitment is to fight back every assault on the federal structure like 'One Nation, One Election', and ensure restoration of full statehood for J-K, independent & free-thinking processes in our education structure, as also secure a fair and equitable delimitation process," the resolution said. PTI ASK SKC RT RT

Source: PTI