Today, On 24th March, The Allahabad High Court Bar Association called for the impeachment of Justice Yashwant Varma, urging a thorough CBI and ED investigation into the case. This demand comes after the Supreme Court Collegium recommended his transfer back to the Allahabad High Court, his parent court. The controversy has intensified following allegations linked to the cash discovery incident. Legal experts and officials are now closely monitoring the case.
The Allahabad High Court Bar Association (HCBA) passed a resolution on Monday calling for the initiation of impeachment proceedings against Delhi High Court Judge Justice Yashwant Varma.
This resolution adopted during a meeting held on Monday afternoon, where the Bar Association expressed its firm opposition to any proposal from the Supreme Court Collegium regarding Justice Varma’s transfer back to the Allahabad High Court.
Also Read: Notable Judgments by Justice Yashwant Varma: Delhi High Court
The lawyers also resolved to cease all judicial work after lunch that day.
The resolution stated,
“The Bar Association firmly believes that immediate steps should be taken to impeach the delinquent judge,”
The resolution concluded,
“It is important to note that following this incident, the judiciary especially the High Court and Supreme Court may struggle to maintain a claim to moral high ground. The Chief Justice should promptly recommend to the government that impeachment proceedings be initiated against Justice Yashwant Varma,”
These developments followed the recovery of unaccounted cash from an outhouse at Justice Varma’s residence last week, after firefighters were called to extinguish a fire.
This incident sparked allegations of corruption against Justice Varma, who has denied the claims, asserting that it seems to be a conspiracy aimed at framing him.
On March 22, the Chief Justice of India (CJI) initiated an in-house inquiry and assigned a panel of three High Court judges to investigate the allegations against Justice Varma.
Also Read: Justice Yashwant Varma Denies Cash Stash Seen In Video: “Conspiracy To Frame Me”
While the Allahabad High Court Bar Association (HCBA) expressed appreciation for this move, they emphasized that it is insufficient, stating,
“Judges cannot be the judge of their own cause.”
The resolution continued,
“We can only hope and trust that this in-house inquiry does not end in a cover-up to protect Justice Varma. In no other country do judges judge judges or appoint judges, which is unique to India through the collegium system, while the weak executive continues to endorse this practice to this day.”
The HCBA also reaffirmed its strong opposition to the Supreme Court Collegium’s proposal to transfer Justice Varma back to the Allahabad High Court.
Notably, on March 20, the Collegium convened to discuss the repatriation of Justice Varma back to his parent court, the Allahabad High Court. Although an official statement was not immediately released, the Allahabad Bar Association swiftly opposed any such transfer.
On March 24, the Collegium issued an official statement recommending Justice Varma’s transfer to the Allahabad High Court.
However, the Allahabad High Court Bar Association (HCBA) has already signaled its strong opposition to this proposal.
The resolution asserted,
“The Allahabad High Court is not a dumping ground for corrupt and tainted judges, and the Bar Association shall oppose this tooth and nail,”
Furthermore, the HCBA urged the Chief Justice of India (CJI) to allow a first information report (FIR) to be filed against Justice Varma.
They also called for an investigation into the matter by the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED), and other relevant agencies.
The resolution stated,
“This is not merely a trial of a petty criminal but concerns the conduct of a sitting High Court judge, which has shocked the nation. The functionality of the Constitution is at stake. Therefore, the continued presence of Justice Yashwant Varma is dangerous for democracy, as it undermines ‘Public Faith,’ the only power the judicial system possesses. If faith is lost, everything is lost, and the nation will collapse.”
The HCBA further emphasized that the immunity typically granted to judges from criminal prosecution applies only to actions taken in their professional capacity. Since no such actions are involved in this case, the HCBA argued that Justice Varma should not be immune from a criminal investigation.
The resolution also called for a review of all judgments delivered by Justice Varma and advocated for a complete overhaul of the collegium system for appointing judges.
The resolution stated,
“The process of appointing judges through the collegium lacks transparency. Not all eligible and competent individuals are considered; instead, the selection is confined to a limited group of lawyers, often related to judges or influential figures,”
“We strongly assert that to ensure and restore the ‘FAITH OF COMMON PUBLIC IN INDIA,’ the collegium system must be revisited to introduce a more transparent process.”
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