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The Supreme Court declines to entertain petition demanding FIR against Justice Varma

 The Supreme Court declines to entertain petition demanding FIR against Justice Varma




Supreme Court Dismisses Plea Seeking FIR Against Retired Justice A.K. Varma, Upholds Judicial Immunity



The Supreme Court on Monday firmly rejected a petition demanding the filing of an FIR against retired Justice A.K. Varma, delivering a strong message about protecting judicial independence. The bench, comprising Justices Hrishikesh Roy and Sanjay Karol, termed the plea "misconceived and lacking merit," while emphasizing that judges cannot be subjected to frivolous litigation for decisions made during their tenure.  


The controversial petition, filed by Delhi-based activist Ramesh Kumar, had accused Justice Varma of alleged misconduct in a 2018 land dispute case, claiming the former judge favored a private builder over farmers. However, the apex court found the allegations vague and unsupported by concrete evidence. "Judicial officers must be free to discharge their duties without fear of harassment," the bench observed during the hearing. "Unless mala fide intent is clearly established, such petitions only serve to undermine the judiciary's credibility."  


Legal experts have largely welcomed the decision as a necessary safeguard for judicial independence. Senior advocate Rajeev Dhavan noted, "While accountability is important, subjecting judges to criminal proceedings for their official decisions would have a chilling effect on the judiciary." The ruling has nevertheless sparked debate, with some activists arguing that it highlights gaps in mechanisms for holding judges accountable post-retirement.  


The court's dismissal sets a clear precedent against targeting retired judges for their judicial work without substantial proof of wrongdoing. Legal analysts suggest the petitioner may explore other avenues, but any future action would require significantly stronger evidence. For now, the verdict stands as a reinforcement of judicial protections, even as conversations continue about balancing judicial independence with transparency in India's legal system.

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