SC rejects FIR plea against Delhi HC judge Yashwant Varma in cash scandal

The Supreme Court today rejected a plea for an FIR against Justice Yashwant Varma, citing an ongoing in-house probe, stating that legal action will follow if wrongdoing is found

The Supreme Court on Friday declined to entertain a petition seeking the registration of a First Information Report (FIR) against Delhi High Court Justice Yashwant Varma, from whose residence a large sum of unaccounted cash was allegedly recovered on March 14, reported Bar and Bench.

 

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan refused to admit the plea filed by advocates Mathews J Nedumpara and Hemali Suresh Kurne, citing that an in-house inquiry set up by Chief Justice of India (CJI) Sanjiv Khanna was already investigating the matter. The court stated that if any wrongdoing is found, due legal action will follow.

 

 

“The in-house inquiry is ongoing. If the report finds something wrong, an FIR can be directed, or the matter can be referred to Parliament. Today is not the time to consider it,” the bench said.

 

Nedumpara, pressing for an FIR, referenced a case in Kerala involving allegations against a retired judge in a Pocso case, arguing that courts cannot shield judges from criminal investigation.

 

“The common man keeps asking why no FIR was registered on March 14. Why was there no arrest, no seizure, no criminal action? Why did it take a week for the scandal to come to light?” Nedumpara argued.

 

To which, Justice Oka responded, “You must educate the common man about Supreme Court judgments laying down the law.” The bench also reiterated that since the in-house probe was ongoing, it would not interfere at this stage.

 

The Supreme Court subsequently dismissed the petition, stating in its order: "As seen from the Supreme Court website, in-house inquiry proceedings are underway. After the report is submitted, several options will be open to the Chief Justice of India. At this stage, it is not appropriate to entertain this plea.”

 

Cash scandal sparks controversy

 

The controversy erupted days after a fire at Justice Varma’s residence led to the discovery of large sums of cash. The incident triggered allegations of corruption, which Justice Varma has denied, claiming he is being “framed”.

 

A video of the recovered burnt cash was reportedly shared by the Delhi Police Commissioner with the Delhi High Court Chief Justice and later uploaded to the Supreme Court’s website. The court also published a report by the Delhi High Court Chief Justice on the incident, along with Justice Varma’s response.

 

In response to the allegations, CJI Khanna initiated an in-house probe and set up a three-member committee on March 22. The committee has already begun its investigation.

 

Collegium recommends transfer

 

Amid the controversy, the Supreme Court Collegium, on March 24, recommended Justice Varma’s transfer back to his parent court, the Allahabad High Court. However, the central government has yet to approve the recommendation.