Justice Yashwant Varma of the Delhi High Court is being posted out to the Allahabad High Court following reports of a huge cash haul at his residence. The Supreme Court Collegium, headed by Chief Justice of India (CJI) Sanjiv Khanna, made this recommendation following what has been termed an “adverse report” against him.
Who is Justice Yashwant Varma?
Justice Yashwant Varma, born on January 6, 1969, in Allahabad, has had a long and diversified legal career. Having done BCom (Hons) from Hansraj College, Delhi University, and obtaining an LLB from Rewa University in Madhya Pradesh, he started practicing law in the Allahabad High Court in 1992.
Throughout his career, he dealt with cases pertaining to constitutional law, labor and industrial laws, company law, and taxation. He also worked as Special Counsel for the Allahabad High Court from 2006 until he was promoted as a judge.
In 2012, Justice Varma was appointed the Chief Standing Counsel for Uttar Pradesh, representing the state in major legal cases. He then turned into a permanent judge at Allahabad High Court in 2016. On October 11, 2021, he was posted to the Delhi High Court.
How did the controversy start?
The controversy started when a fire broke out at Justice Varma’s home on March 14, during Holi celebrations. Justice Varma was reportedly out of town when the incident occurred. Emergency services were called, and after the fire was extinguished, responders found a large amount of cash inside the house.
Though the sum of money was not announced, the finding resulted in a formal police document of what appeared to be missing money. It created serious doubt and prompted an investigation.
After the incident, the Supreme Court Collegium unanimously recommended transferring Justice Varma to the Allahabad High Court. The collegium, except for the CJI, consists of senior judges Justices B.R. Gavai, Surya Kant, Abhay S. Oka, and Vikram Nath.
Justice Varma’s transfer is awaiting government clearance. In the meantime, he did not show up in court on Friday, with the court master declaring that the division bench was “on leave.”
Demands for accountability and transparency
Senior advocate Arun Bhardwaj expressed concern before Delhi High Court Chief Justice DK Upadhyaya, saying, “Today’s incident has pained many of us. Please take some steps on the administrative side so that these incidents do not happen in future and the truthfulness of the judicial system is maintained…We are shaken and demoralised.”
Chief Justice Upadhyaya responded, “So is everybody. We are conscious…”
Supreme Court launches internal inquiry
The Supreme Court also initiated an in-house investigation into the matter. On Friday, it requested a report from Delhi High Court Chief Justice Devendra Kumar Upadhyaya.
At a full court meeting later in the day, Supreme Court judges were said to have concurred that a transfer alone may not be sufficient and that more may be required. The transfer was viewed as a first step, while the court launched its own investigation into the issue.
Political reactions
The case has also given rise to political debates. Congress MP Jairam Ramesh brought up the matter in the Rajya Sabha, asking Chairman Jagdeep Dhankhar to take it up and examine an earlier notice on the impeachment of the judge. Dhankhar consented to refer to the Leader of the House and the Leader of the Opposition for a formal debate on the matter.
Senior advocate and Rajya Sabha MP Kapil Sibal emphasized the seriousness of corruption within the judiciary and called for changes to the judge appointment process. He said, “The issue of corruption within the judiciary is a very serious one… It is time for the Supreme Court to review how appointments are made. The process should be more transparent and carefully conducted.”
Sibal also criticized the government, stating, “Corruption is a very serious issue, and despite what Prime Minister Narendra Modi has said, it has only increased.”
Meanwhile, senior advocate Indira Jaising has urged the judiciary to reveal the exact amount of money recovered to avoid further speculation about the case.
The investigation is ongoing, with further developments expected as the inquiry continues.
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