K Veeraswami v Union of India

An exercise in judicial restraint and independence

Justice Verma dissented from the majority opinion that a former High Court Chief Justice could be tried as a ‘public servant’ under the Prevention of Corruption Act. This was because parliament had not intended a member of the higher judiciary to be designated a 'public servant' for the purposes of the Prevention of Corruption Act 1947 as amended. Justice Verma recognised the need for an appropriate mechanism to deal with corruption by members of the higher judiciary. But argued this must be found separately to the Prevention of Corruption Act and in a manner consistent with judicial independence from undue interference.