SC dismisses Justice Yashwant Varma's plea challenging in-house probe panel

The Supreme Court upheld that the in-house committee followed due process. It ruled the CJI's letter to the Prime Minister and President was not unconstitutional

The Supreme Court on Thursday dismissed the plea filed by Allahabad High Court Justice Yashwant Varma, challenging the recommendation for his impeachment, made by an in-house committee after a large sum of unaccounted cash was recovered from his official residence in Delhi in March.

 

The recommendation was made by Sanjiv Khanna, the former Chief Justice of India (CJI), Bar and Bench reported. A bench of Justices Dipankar Datta and AG Masih also maintained that the in-house committee’s constitution and the procedure followed by it for inquiry into the incident was legal.

 

Dismissing the writ petition, the top court said, “We have held that CJI and the in-house committee had scrupulously followed the process except uploading photos and video and we have said it was not required. But nothing turned on it because you did not challenge it then. We have held that CJI sending letter to the Prime Minister and President was not unconstitutional. We have made certain observations where we have kept it open for you to raise proceedings if needed in the future. With this we have dismissed the writ petition.” 

 

 

Justice Verma challenges removal process

 

   

Justice Yashwant Varma filed a petition, seeking a declaration that the recommendation made by Sanjiv Khanna for the former’s removal as a High Court judge be declared unconstitutional and ultra vires. 

According to Varma, the in-house committee’s inquiry against him was initiated without any formal complaint, adding that the apex court’s decision to disclose the allegations through a press statement exposed him to an “unprecedented” media trial.

     

Cash discovery row

 

On March 14, a fire at Justice Varma’s official residence in Delhi had allegedly led to the discovery of a large sum of unaccounted cash by the firefighters. A video surfaced online showing piles of cash burning in the fire.

 

As a result, allegations of corruption were levelled against Justice Varma, who denied them, stating that there seems to be a conspiracy against him.

 

 

On March 22, an in-house inquiry was initiated by the then-CJI Sanjiv Khanna, who also ordered the setting up of a three-member committee. Soon after, Justice Varma was sent back to his parent High Court, the Allahabad High Court, where he was administered the oath of office, but his judicial work was taken away on the instructions of the CJI.

 

Later in June, the three-member appointed committee recommended Justice Varma's impeachment after a 64-page report was submitted to President Droupadi Murmu and Prime Minister Narendra Modi. The report was based on an inquiry involving 55 witnesses and a statement from Justice Varma.