Cash row: SC rejects RTI plea for in-house panel report, CJI's letter to PM

The Supreme Court administration has rejected a plea seeking a report of the apex court-appointed committee, which indicted Allahabad High Court judge Justice Yashwant Varma in the cash discovery row, under the Right to Information Act.

The RTI application had also sought the communication of the then Chief Justice of India Sanjiv Khanna to President Droupadi Murmu and Prime Minister Narendra Modi in the matter.

The apex court administration apparently referred to the confidentiality of the communication and rejected the RTI application on grounds that it may violate parliamentary privilege also.

Earlier this month, the then CJI Khanna had wrote to the President and the Prime Minister besides sharing the report of the committee along with the response received from Justice Varma.

Now, it is up to the executive and Parliament to decide the future course of action.

The in-house procedure entails that the CJI writes to President and the Prime Minister for impeachment after the advice to the judge to resign is not complied with.

"Chief Justice of India, in terms of the in-house procedure, has written to President of India and the Prime Minister of India enclosing therewith copy of the three-member committee report dated May 3 along with the letter/response dated May 6 received from Justice Yashwant Varma," the apex court said in a statement on May 8.

The apex court-appointed panel confirmed the cash discovery allegations against Justice Varma in its inquiry report, sources previously said.

The three-member panel comprised Punjab and Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice G S Sandhawalia and Justice Anu Sivaraman of the Karnataka High Court. The report was finalised on May 3.

Sources had also said the then CJI Khanna nudged Justice Varma to step down in view of critical findings in the report, which was forwarded to the judge for his response in line with the principle of natural justice.

The panel analysed evidence and recorded the statements of over 50 people, including Delhi Police Commissioner Sanjay Arora and Delhi Fire Service chief who were among the first responders to the fire incident at Justice Varma's official residence in Lutyen's Delhi at 11.35 pm on March 14.

Justice Varma was a judge of the Delhi High Court at that time.

The allegation was repeatedly denied by Justice Varma in his response to the Delhi High Court chief justice and to the apex court appointed panel.

The controversy was raised following a news report in the cash discovery row and led to several steps, including a preliminary inquiry by Delhi High Court Chief Justice D K Upadhyaya, judicial work being taken away from Justice Varma in the Delhi High Court, and later his transfer to the Allahabad High Court sans judicial work.

On March 24, the apex court collegium recommended the repatriation of Justice Varma to his parent Allahabad High Court.

On March 28, the top court asked the chief justice of the Allahabad High Court not to assign any judicial work for now to Justice Varma.