The Supreme Court-appointed committee’s report stated that the misconduct allegations against Justice Yashwant Varma were grave enough to warrant initiating impeachment proceedings against him.
NEW DELHI: Justice Yashwant Varma, a judge of the High Court, is in serious trouble after burnt bundles of cash were found at his Delhi home.
A Supreme Court-appointed inquiry committee has now recommended that impeachment proceedings should be started against him because he could not explain the source of the money.
ALSO READ: Removal of Sitting Judges in India: Process and Notable Impeachment Cases
The report says the charges of misconduct are strong enough to remove him from his position.
What Happened?
On March 14, a fire broke out at Justice Yashwant Varma’s official residence in Delhi’s 30-Tughlak Crescent area. After the fire was controlled, authorities found huge stacks of burnt cash in the storeroom of his house. According to the inquiry report accessed by India Today, the pile of money was as high as 1.5 feet and was scattered across the room.
“The factum of the burnt cash having been found in the store room was undeniably established and, therefore, the burden shifted upon Justice Varma to account for the said cash by giving a plausible explanation which he failed to do except projecting a case of flat denial and raising a plea of conspiracy,” the report said.
The report said that 17 people were at the judge’s residence on the night of March 14–15, including his daughter. The storeroom where the cash was found was reportedly in the “covert” and “active” control of Justice Varma and his family. The panel also ruled out any outsider’s involvement because the storeroom was always locked and accessible only to the judge and his close family.
“The SHO of the Tughlaq Nagar Police Station said in his statement that the stack of burnt currency lying on the floor was about 1.5 feet in height. The stack of half-burnt currency notes on the ledge was also 1.5 feet in height. The witness also informed that the currency notes were on the floor from the door of the store house to the opposite wall at the other end,” the report added.
There was also a liquor cabinet near a switchboard that reportedly made the fire worse. The staff of Justice Varma even tried to remove the burnt cash after the fire.
The report also highlights the actions of the judge’s personal secretary, Rajender Singh Karki. He was the first person to inform Justice Varma about the fire and kept calling him all night to provide updates.
Instead of giving a proper explanation, Justice Varma gave a “flat denial” and said that there was a “conspiracy” against him. But the committee did not accept this explanation.
“Keeping in view the direct and electronic evidence on record, this committee is formally of the view that there is sufficient substance in the allegations and the misconduct found proved is serious enough to call for initiation of proceedings for removal of Justice Yashwant Varma,” the report stated.
Key Report Findings
- The room where cash was recovered was within the covert or active control of Justice Varma and his family members. The misconduct proved were serious enough to seek Yashwant Varma’s impeachment.
- It is now established that unaccounted cash was recovered at Justice Varma’s residence, which he is expected to give a plausible explanation for. Varma had consistently rejected the allegations against him, stating that the room where the cash was recovered was accessible to everyone.
- The room where cash was found was located within the premises of 30, Tughlak Crescent, New Delhi, where Varma lived. His most trusted personnel of domestic staff were instrumental in removing burnt cash from the room on March 15.
- According to a witness, the stack of burnt currency lying on the floor and on the ledge was about 1.5 feet in height. The notes were on the floor from the door of the store house to the opposite wall on the other end.
- A liquor cabinet located close to a switch box in the room where cash was recovered was also taken note of by the committee, and liquor, being highly volatile, aggravated the fire.
What Did the Supreme Court Do?
After this, the Supreme Court transferred Justice Varma from the Delhi High Court to the Allahabad High Court. However, he hasn’t been given any new judicial work. The Court also rejected petitions asking for the registration of an FIR (First Information Report) in this case, saying that it was now up to the government to decide.
The Chief Justice of India at the time, Sanjiv Khanna, forwarded the inquiry report to both the President and the Prime Minister. This is only done when the judge refuses to resign, and the charges are found serious enough for removal.
What is the Impeachment Process?
The process to remove a High Court judge is explained in the Indian Constitution and the Judges (Inquiry) Act, 1968.
Under the Constitution:
- A judge can be removed only for “proven misbehaviour or incapacity”.
- Both the Lok Sabha and the Rajya Sabha must pass a motion.
- It needs:
- A majority of the total membership of each House.
- Two-thirds of the members present and voting.
- The final removal happens only if the President gives the order in the same session.
Under the Judges (Inquiry) Act, 1968:
Step 1: Notice of Motion
- At least 100 Lok Sabha members or 50 Rajya Sabha members must sign a notice and submit it to the Speaker or Chairman.
Step 2: Setting Up a Committee
- If the motion is accepted, a three-member committee is formed:
- One Supreme Court Judge (possibly the Chief Justice),
- One Chief Justice of a High Court,
- One famous jurist.
Step 3: Committee Proceedings
- The committee frames the charges and informs the judge.
- The judge is allowed to reply and defend himself.
- The judge may cross-examine witnesses and present evidence.
- The committee finally submits a report to the Speaker or Chairman.
Step 4: Parliament’s Role
- If the judge is found not guilty, the motion is dropped.
- If guilty, the motion is debated in both Houses.
- If both Houses pass it, the President can remove the judge
