Judge Justice Yashwant Varma of the Allahabad High Court filed a petition on Wednesday, requesting an expedited hearing of his case against the conclusions of an in-house inquiry panel appointed by the Supreme Court that found “strong inferential evidence” of his “covert or active control” over a cache of charred cash discovered at his official residence in Delhi earlier this year. Chief Justice of India (CJI) Bhushan R. Gavai said he would form a bench to hear the case.
The Allahabad High Court’s Justice Yashwant Varma has filed a petition in the Supreme Court in regard to a potential impeachment motion pending in Parliament, seeking fast cancellation of an in-house inquiry report comprising three judges which allegedly found him guilty of misconduct concerning the discovery of burnt cash in his official residence.
Speaking on behalf of Justice Varma, senior attorney Kapil Sibal brought up the case before the CJI and urged an early listing, pointing to significant constitutional concerns. Given his prior participation in internal case discussions, the CJI stated that it would not be appropriate for him to serve on the hearing bench. A bench would be formed to address the issue, the CJI stated, adding, “I think it will not be proper for me to take up that matter because I was part of that conversation.”
The development coincides with the federal government’s intention to remove Justice Varma from office by introducing an impeachment resolution in Parliament. On July 21, the first day of the current session, 145 members of the Lok Sabha and 63 members of the Rajya Sabha filed separate notices in their respective Houses for the impeachment of Justice Verma, as the monsoon session of Parliament begins and political pressure mounts for his removal.
The judicial inquiry headed by retired Chief High Court Justice Sheel Nagu and others reached the conclusion that there was strong inferential evidence relating to his control over the money and recommended his removal, which triggered the reference on May 8 by then-CJI Khanna for impeachment in Parliament. Justice Varma’s petition challenges the report’s conclusions and the validity of recommending removal from the Constitution.
SC Sets Procedure for Hearing
On Monday, CJI Bhushan R. Gavai stated that the matter requires constituting a bench to hear the plea, with himself recusing from the case given his earlier involvement. Senior Advocate Kapil Sibal voiced his emphasis on important constitutional issues and asked for immediate listing.
Notices seeking Justice Varma’s impeachment have already been filed by MPs in both Houses as the monsoon session progresses. His petition seeks to nip any action in the bud by discrediting the inquiry methods and highlighting procedural flaws in particular: the exclusion of critical facts, shifting the burden of proof, and motivated bias.
The entire series of events began on March 14 when Justice Varma’s home caught fire. Officials said that firefighters discovered sacks of burned banknotes near the outhouse of his Delhi residence. The inquiry panel was formed after the chief justice of the Delhi High Court brought the matter to the attention of the CJI.
