Justice Yashwant Varma, from whose Delhi High Court residence a substantial amount of cash was recovered following a fire on March 14, has declined to resign.
This decision comes after an in-house enquiry committee appointed by the Supreme Court confirmed the discovery of the funds.
Court Panel’s Findings
The enquiry panel, constituted under Supreme Court directions, submitted its report to Chief Justice of India (CJI) Sanjiv Khanna. The committee upheld that a large sum of money was indeed found in Justice Varma’s official quarters. Based on these findings, the judge was presented with two choices:
- Resign voluntarily, thereby avoiding a formal impeachment.
- Face parliamentary impeachment proceedings.
- Justice Varma opted against resignation, prompting the next procedural step.
CJI’s Letter to the President & Prime Minister
Upon receiving Justice Varma’s refusal, CJI Sanjiv Khanna forwarded the enquiry report, along with the judge’s written response, to President Droupadi Murmu and Prime Minister Narendra Modi. Under the House enquiry procedure established for High Court judges, such a refusal compels the CJI to notify the nation’s highest authorities, setting the stage for impeachment.
Impeachment Process
Impeachment of a High Court judge involves a two-stage parliamentary procedure:
Enquiry Committee Review: A fresh committee—typically comprising sitting Supreme Court judges—will investigate allegations of “proven misbehaviour” or “incapacity.”
Parliamentary Vote: If the committee sustains its findings, both Houses of Parliament must pass an impeachment motion by a two-thirds majority.
Only upon completion of these steps can a judge be removed from office.
Sequence of Events Leading Up to This Point
Fire Incident (March 14): A blaze broke out at Justice Varma’s official residence, triggering an investigation by Delhi High Court Chief Justice D.K. Upadhyaya.
Preliminary Enquiry: Initial findings prompted a Supreme Court-mandated in-house probe.
Cash Discovery: Investigators recovered a significant sum of money from a room in the official quarters.
Withdrawal of Duties: Justice Varma’s judicial work was immediately halted.
Transfer: He was reassigned to the Allahabad High Court but without any active judicial responsibilities.
Justice Varma’s Defence
Throughout the process, Justice Varma has maintained his innocence. He argues that “the very idea or suggestion that this cash was kept or stored by us is utterly preposterous.” He also notes that the room where the money was found was accessible to numerous individuals, implying that its presence cannot be directly attributed to him.
What Happens Next?
With the CJI’s referrals in place, Parliament must now consider the case. If the newly constituted enquiry committee upholds the charges and both Houses vote for impeachment, Justice Varma will be removed from office. Until then, he remains a judge in status, albeit without active duties.
Read More: Supreme Court, Delhi High Court, States High Court, International
