The Supreme Court’s decision to consider initiating an in-house inquiry against Delhi high court judge Yashwant Varma in connection with the cash recovery from his official residence has brought renewed attention to a landmark ruling that defines judicial accountability — K Veeraswami vs Union of India (1991). The Supreme Court of India. (PTI Photo) The five-judge Constitution bench in K Veeraswami ruled that judges of the Supreme Court and high courts fall under the definition of “public servant” under the Prevention of Corruption Act, 1988. However, the judgment laid down a crucial safeguard to ensure judicial independence – no investigation against a judge can proceed without the prior sanction of the Chief Justice of India (CJI). “The purpose of grant of previous sanction before prosecuting a public servant including a Judge of the High Court or of the Supreme Court is to protect the Judge from unnecessary harassment and frivolous prosecution more particularly to save the Judge from the biased prosecution for giving judgment in a case which goes against the Government or its officers …