Internal Report Under Fire: Justice Yashwant Verma Escalates Matter to SC
(Judicial Quest News Network)
Justice Yashwant Varma of the Allahabad High Court has filed a writ petition in the Supreme Court challenging the findings of a three-member in-house inquiry committee that indicted him over the alleged recovery of unaccounted cash from his official residence in Delhi. The petition also seeks to invalidate the recommendation made by former Chief Justice of India (CJI) Sanjiv Khanna for his removal from office.
The controversy arose from a fire that broke out on the night of March 14, 2025, at Justice Varma’s government-allotted residence in Tughlaq Crescent, New Delhi. Firefighters responding to the blaze reportedly discovered bundles of partially burnt currency notes in a storeroom on the premises3. At the time, Justice Varma and his wife were in Madhya Pradesh; only his daughter and elderly mother were present at the residence.
Videos of the incident later surfaced, showing stacks of cash engulfed in flames, prompting allegations of corruption and misconduct.
Following the incident, then CJI Sanjiv Khanna constituted a three-member committee comprising Chief Justices Sheel Nagu (Punjab & Haryana), G.S. Sandhawalia (Himachal Pradesh), and Justice Anu Sivaraman (Karnataka) to investigate the matter. The panel submitted its report on May 3, concluding that Justice Varma and his family had “covert or active control” over the storeroom and that the misconduct was grave enough to warrant impeachment3.
On May 8, CJI Khanna forwarded the report to the President and Prime Minister, recommending Justice Varma’s removal.
“The Committee’s mandate of being a “fact-finding” inquiry was unjustifiably truncated, being limited only to non-contentious issues—i.e., (1) whether cash was present in the outhouse, and (2) whether the outhouse was part of the Official Premises. Both these facts were non-contentious because the Petitioner did not dispute the presence of cash, and the location of the outhouse was evident at sight”
Justice Varma’s petition, filed through Advocate Vaibhav Niti, raises several constitutional and procedural objections: Extra-Constitutional Mechanism: He argues that the in-house procedure lacks statutory backing and creates a parallel disciplinary system that undermines the Judges (Inquiry) Act,1968. Violation of Natural Justice: The panel allegedly failed to notify him of its procedures, denied him a chance to respond to evidence, and examined witnesses in his absence. Reversal of Burden of Proof: Justice Varma contends that the inquiry unfairly required him to prove his innocence rather than the panel establishing guilt. Lack of Evidence: He asserts that the report does not conclusively establish the ownership, quantity, or authenticity of the cash found.
“Unprecedented public disclosure of these unverified allegations via press release by this Hon’ble Court on 22.03.2025 subjected the Petitioner to media trial, resulting in irreparable damage to his personal reputation and career as a judicial officer. Such) public disclosure was ex facie disproportionate and violative of the law laid down by the Constitutional Bench in Sahara India Real Estate Corpn. Ltd. v. SEBI (2012) 10 SCC 603.”
Media Trial: The Supreme Court’s public disclosure of the allegations via press release allegedly subjected him to reputational harm and prejudiced public opinion. Pressure to Resign: Justice Varma claims that CJI Khanna pressured him to resign or opt for voluntary retirement within a short deadline, warning of removal proceedings.
Impeachment Motion Looms The petition comes just days before the Monsoon Session of Parliament, where the central government is expected to introduce an impeachment motion against Justice Varma. If passed, it would mark a rare instance of judicial removal under Articles 124 and 217 of the Constitution.