In an unprecedented move, sitting Delhi High Court judge Justice Yashwant Varma has approached the Supreme Court, challenging the findings of an in-house inquiry committee that recommended his removal following the discovery of unaccounted cash at his official residence.
Blaze, Cash, & Controversy
The controversy stems from a fire that broke out between March 14 and 15 in a storeroom at Justice Varma’s government residence. After the fire was doused, authorities reportedly found partially burnt stacks of cash in the gutted room.
A fact-finding committee led by Justices Sheel Nagu, G.S. Sandhawalia, and Anu Sivaraman concluded that Justice Varma and his family were in “covert or active control” of access to the storeroom. The panel noted that the cash was “highly suspicious” and likely placed there with the “tacit or active consent” of the judge or his family.
Inquiry Committee Rejected Conspiracy Claim
Justice Varma had claimed he was the victim of a conspiracy. However, the committee rejected this, stating it would be “well-nigh impossible” to plant currency inside the high-security residence of a sitting judge. It also concluded there was “strong inferential evidence” to suggest that the cash was removed by Varma’s trusted staff during the early hours of March 15.
Removal Recommendation Sparks Legal Pushback
On May 3, the committee submitted its confidential report to then Chief Justice of India Sanjiv Khanna, who forwarded it to the President and Prime Minister just days before his retirement on May 13. Justice Varma had reportedly refused to resign, prompting the communication.
Challenging the move, Justice Varma argued in his Supreme Court petition that the committee was unconstitutional and lacked legal basis. He claimed the inquiry was conducted without giving him a fair opportunity to defend himself, violating principles of natural justice. He said he was subjected to a media trial, while “key questions like the source of the cash and the cause of the fire” were left unanswered.
Supreme Court Yet To List The Case
Justice Varma’s petition is the first of its kind by a sitting High Court judge and comes ahead of the Monsoon Session of Parliament, where a removal motion could potentially be introduced. As of now, the petition is yet to be numbered or listed for hearing in the Supreme Court.
The fact-finding committee had been set up following a preliminary inquiry by Delhi High Court Chief Justice D.K. Upadhyaya, who had recommended a deeper probe in his March 21 report.
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