Cash-at-home row: Justice Yashwant Varma takes oath as Allahabad HC judge

Justice Yashwant Varma was sworn in as a judge of the Allahabad High Court on Saturday under unusual and contentious circumstances. Departing from the tradition of public ceremonies, Justice Varma took his oath in a private event, a decision that has drawn significant attention.

This development comes amidst an ongoing investigation into allegations of semi-burnt sacks of cash being recovered from his residence just weeks ago. 

Despite his formal induction, Justice Varma has not been assigned any judicial or administrative responsibilities, according to sources within the court. His recent transfer from the Delhi High Court to Allahabad has faced criticism, especially after a Public Interest Litigation (PIL) was filed before the Lucknow bench of the Allahabad High Court. The PIL urged that his swearing-in be postponed until the ongoing inquiry into the cash seizure was completed.

The controversy has sparked outrage within the legal community. The Allahabad High Court Bar Association has openly criticized the Collegium's decision, expressing their discontent in a strongly worded letter to the Chief Justice and other judges.

The association condemned the appointment, stating, "We aren't a trash bin," and called for greater transparency and accountability in judicial appointments.

As the inquiry progresses, Justice Varma's future role in the Allahabad High Court remains uncertain. Legal experts and observers are closely monitoring the situation, which has raised broader questions about judicial integrity and the processes governing appointments in India's judiciary.

According to the official website of the Allahabad High Court, the judge graduated in Law from Rewa University in 1992 and enrolled as an Advocate on August 8 of the same year. Over the years, he primarily practiced on the Civil side, handling a diverse range of cases related to Constitutional law, Industrial Disputes, Corporate matters, Taxation, Environmental issues, and allied branches of law. He served as the special counsel for the Allahabad High Court from 2006 until his elevation.  Allahabad High Court Bar Association has written to the High Court Chief Justice to express displeasure over the alleged "clandestine" manner in which Justice Yashwant Verma was administered the oath of his office on Saturday. 

"This is to bring to your kind notice that the entire Bar Association is at pains to learn about the clandestine manner in which Justice Yashwant Verma has been administered the oath of his office at Allahabad," the bar association said in its letter.

"The High Court Bar Association passed a resolution saying therein that this oath is against the Constitution of India and, therefore, the members of the Association do not want to be associated with an unconstitutional oath. What we resolved, we spoke openly and not only this, we also sent a copy of the resolutions to everybody, including your lordship. Thus, we failed to understand as to what is the 'clandestine' in this oath," it added.

The bar association pointed out that the administration of oath to a judge is a quintessential event in the Indian judicial system, adding that lawyers, being equal stakeholders in the institution, cannot be kept away.

"We are given to understand that the system is taking every step in a fair and transparent manner, but why this oath is not notified to the Bar is a question which again eroded the trust of people in the judicial system. We unequivocally condemn the manner in which Justice Yashwant Verma was administered oath behind our backs," the bar association said.

The lawyers pointed out in their letter that subscription to oath has traditionally and continuously been conducted in open court. Keeping the lawyer fraternity uninformed may erode their confidence in this institution, they added.

"We request our Hon'ble Chief Justice to protect the fundamental values and follow the traditions of this institution. Also, we have been given to understand that the Majority of Hon'ble Judges were also not invited/informed in the aforesaid. Thus, legally and traditionally, the oath administered to Justice Verma is fallacious/ unacceptable," the letter read.

The Supreme Court Collegium's decision to transfer Justice Varma to the Allahabad High Court was met with protests from the Allahabad High Court Bar Association.

In March, the president of Allahabad High Court Bar Association, Anil Tiwari, called the transfer of Justice Yashwant Varma to the Allahabad High Court the "blackest day in the Indian judicial system."

"March 28 (2025) is the blackest day in the Indian Judicial system. A man who is facing charges of corruption is going to take an oath in Allahabad High Court," the Bar association president had told ANI.

The Supreme Court had also asked the Chief Justice of Allahabad High Court not to assign any judicial work to Justice Varma when he assumed charge as the judge in Allahabad High Court.