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Justice Yashwant Varma of the Allahabad High Court has approached the Supreme Court challenging the in-house committee report that indicted him following the discovery of unaccounted cash at his official residence in Delhi, Bar and Bench reported.
His petition comes even as reports suggest the Centre may soon introduce an impeachment motion in Parliament seeking his removal.
In his plea, Justice Varma has asked the top court to declare the recommendation made by the then Chief Justice of India (CJI) Sanjiv Khanna for his removal as unconstitutional and beyond legal authority. He has questioned the in-house inquiry process, calling it an “extra-constitutional mechanism” that undermines the law. According to him, only Parliament has the power to remove a High Court judge, as per the Constitution.
‘No safeguards like Judges Inquiry Act’: Justice Yashwant Varma
The judge has also said that the in-house inquiry lacks the legal protections available under the Judges (Inquiry) Act, 1968, which outlines due process for investigating judges. ALSO READ: Cash discovery row: SC rejects plea for FIR against Justice Yashwant Varma
He argued that the process followed in his case did not meet the standards of natural justice and fair hearing, Bar and Bench reported.
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Cash found after fire at Justice Verma's residence
The controversy began after a fire broke out at Justice Varma’s official residence in Delhi on March 14. Firefighters, while dousing the flames, allegedly found bundles of unaccounted cash at the scene. At the time of the incident, Justice Varma and his wife were in Madhya Pradesh. Only his daughter and elderly mother were at home when the fire occurred.
A video later surfaced showing what appeared to be stacks of currency notes burning in the fire.
Justice Varma has denied any wrongdoing and claimed the incident appears to be part of a conspiracy to frame him. Following the allegations, Chief Justice Khanna ordered an in-house inquiry on March 22 and set up a three-judge committee.
Judicial work withdrawn, report submitted in May
After the controversy, Justice Varma was transferred back to the Allahabad High Court, where he re-administered the oath of office. However, he has not been assigned any judicial work as per the CJI’s directions.
The committee that investigated the matter began its probe on March 25 and the final report was submitted to then CJI Khanna on May 4. The panel found Justice Varma culpable, after which the CJI sent the report to the President, recommending his impeachment.
‘No complaint filed, no chance to respond’: Justice Varma
In his petition, Justice Varma said the in-house procedure was invoked without any formal complaint being made against him. He has criticised the public disclosure of the allegations through a press release by the Supreme Court, calling it “unprecedented” and a trigger for media trial.
He also claimed that the inquiry committee did not inform him of the procedure it was following or allow him to respond to the evidence. This, he said, violated principles of natural justice.
On the issue of the cash found at his residence, Justice Varma said the panel report does not establish who the money belonged to or how much was recovered. He further alleged that former CJI Khanna had pressured him to resign or opt for voluntary retirement within a very short deadline, warning that otherwise, proceedings for removal would be started, the news report said.
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