Justice Yashwant Varma may soon face impeachment after cash was found at his Delhi home. The Centre is planning to move a motion in the next Parliament session, say sources.
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NEW DELHI: Justice Yashwant Varma, a sitting High Court judge, is likely to face impeachment proceedings in the next session of Parliament after a large amount of unaccounted cash was allegedly found at his government residence.
According to top government sources, the Central government is getting ready to take the very rare and serious step of removing a High Court judge through the constitutional process of impeachment.
Sources have said-
“A motion seeking his removal will be brought in the upcoming session of Parliament.”
This action comes under the strict and sensitive laws of the Indian Constitution. Removing a judge is extremely rare and requires strong support across political parties.
Union Minister for Parliamentary Affairs Kiren Rijiju will begin talks with various political parties to build support for the impeachment. Sources stressed the importance of working together across party lines, saying that “cross-party consensus would be crucial” because the Constitution requires a very high level of support to pass such a motion.
Several high-level meetings were held today to discuss the matter and prepare the strategy. First, Law Minister Arjun Ram Meghwal met with Home Minister Amit Shah. After that, Mr. Shah had a meeting with Prime Minister Narendra Modi. Soon afterward, BJP President and Rajya Sabha leader JP Nadda also met Mr. Shah. Both of them later visited the Vice President and Rajya Sabha Chairman, Jagdeep Dhankhar.
The whole controversy began after a fire broke out at Justice Yashwant Varma’s official bungalow at 30 Tughlak Crescent in Delhi. While Justice Varma was not at home during the incident, his family members called the fire brigade and police. After the fire was brought under control, officials allegedly discovered a large amount of cash stored in one of the rooms.
Because of this shocking discovery, the then Chief Justice of India, Justice Sanjiv Khanna, took immediate action. “Justice Varma’s immediate transfer to the Allahabad High Court” was ordered by CJI Khanna. This is the parent High Court of Justice Varma.
An internal investigation was then launched. A three-member inquiry committee was formed under the judiciary’s in-house accountability system. After checking the facts, the committee found the allegations serious. The report said that the matter was strong enough to start the impeachment process.
“The judge had refused to resign voluntarily,”
-according to sources, even after being informed of the inquiry’s outcome.
Therefore, as per standard protocol, CJI Khanna sent the committee’s report to the President of India and the Prime Minister.
This kind of action is taken only in cases where there is clear and credible evidence of wrongdoing. In Indian legal history, only a few judges have ever been targeted for removal. Most of them have chosen to step down before an impeachment motion could be fully carried out.
This ongoing issue is attracting strong public attention and is one of the most serious developments in India’s judiciary in recent times.
What Is Impeachment of Judges in India?
Impeachment is the legal process through which judges of the Supreme Court or High Courts in India can be removed if they are found guilty of serious wrongdoing or if they are not fit to perform their duties due to any incapacity. The Indian Constitution gives Parliament the power to remove judges through a very strict and step-by-step process, making sure it’s not done casually.
This procedure starts only when a special motion is brought up in either Lok Sabha or Rajya Sabha. This motion has to be accepted by the Speaker (in Lok Sabha) or the Chairman (in Rajya Sabha). After that, a three-member committee is formed. This team includes a judge from the Supreme Court, a Chief Justice from a High Court, and one well-known legal expert. They work together to investigate and find out the truth, just like a trial in a court.
According to the Constitution, “proved misbehaviour or incapacity” is the only reason for removing a judge. The findings of the committee are then taken to Parliament for voting. Both Houses of Parliament (Lok Sabha and Rajya Sabha) must vote in the same session. There are two ways the motion can be approved: either two-thirds of the members present vote in favour, or there must be an absolute majority of all members in each House. Only when this strict voting rule is followed, the President of India can remove the judge.
But this process has a loophole. If a judge resigns before the investigation is completed, the process stops, and that judge usually keeps all retirement benefits. This is different from other government officers who can still be investigated even after they leave the job.
The whole impeachment process is written in Articles 124(4), 124(5), 217, and 218 of the Indian Constitution and also under the Judges (Inquiry) Act, 1968.
The law clearly states that “proved misbehaviour” or “incapacity” are the two reasons for which a judge can be removed. Also, the law says that the removal motion must be passed by both Houses during the same session. This makes sure that the judge’s independence is protected and that only serious cases lead to removal.
How the Impeachment Process Works?
- The motion to remove a judge is started in Lok Sabha or Rajya Sabha.
- The Speaker or Chairman checks the motion and gives permission.
- A three-member committee is formed, which includes:
- A Supreme Court judge
- A Chief Justice of a High Court
- An eminent jurist
- The committee works like a court to check whether the judge is guilty.
- If the committee finds the judge guilty, the motion is sent to both Houses of Parliament.
- The motion is passed if:
- Two-thirds of the members present vote in favour, or
- There is an absolute majority of all members in both Houses.
- Once passed, the President of India removes the judge.
- But if the judge resigns before the process is completed, the case usually stops and the judge gets all benefits.
Real-Life Impeachment Cases of Judges in India
Justice V. Ramaswami Case
He was the first Supreme Court judge to face impeachment. He was accused of spending a huge amount of money on his official house. He even “purchased 7 maces (including one with silver head) and transported them by cargo plane”.
The committee found him guilty. But the motion failed in Lok Sabha because “196 voted for removal, 205 abstained” – most of them were from the Congress party.
After that, “CJI stopped allocating work to him until retirement, but he retained benefits.”
Justice Soumitra Sen Case
He was a Calcutta High Court judge. He was found guilty of taking “Rs 33.23 lakh as a court-appointed receiver in 1983”.
He became the first judge to be voted for removal by Rajya Sabha with overwhelming majority.
But before the matter reached Lok Sabha, he resigned, and because of that, he avoided full accountability.
Justice S. K. Gangele Case (2015)
He faced serious charges of sexual harassment.
A committee was formed to investigate the complaint.
But in the end, “the committee ultimately cleared him of all wrongdoing.”
This case was one of the rare cases where such serious personal allegations were brought to the impeachment level.
Justice C.V. Nagarjuna Case (2017)
He was accused of mistreating a Dalit judge and also of being involved in money-related misconduct.
An impeachment motion was started in Parliament.
But the motion failed because several MPs withdrew their signatures.
This case highlighted the challenges in maintaining support for impeachment proceedings.
Justice Dipak Misra Case (2018)
This was a very big case because it was about the Chief Justice of India himself.
The matter was political, and the impeachment motion became controversial.
“Rajya Sabha Chairman rejected the motion at the preliminary stage.”
It became a hot topic across the country.
It was also the first time in Indian history that an impeachment motion was moved against a Chief Justice of India.
Justice P.D. Dinakaran Case
He was the Chief Justice of the Sikkim High Court. He faced “16 charges, including appropriating over 300 acres of farmers’ land in Tamil Nadu.”
On the first day when the three-member committee was to begin, he resigned.
His resignation stopped the whole investigation, even though many groups like the Forum for Judicial Accountability (FJA) tried to continue the case.
This case highlighted the loophole allowing judges to escape accountability through resignation.
RECENTLY: Bombay Lawyers Ask CJI to Allow Criminal Case Against Justice Yashwant Varma
NEW DELHI: The Bombay Lawyers Association (BLA) has written a formal request to Chief Justice of India BR Gavai. They are asking him to give permission for filing a criminal case against Justice Yashwant Varma, who is currently a judge in the Allahabad High Court.
This demand comes after a shocking incident earlier this year, where a large amount of unaccounted and partly burnt cash, about Rs 15 crore: was reportedly found at Justice Varma’s official residence. At that time, he was serving as a judge in the Delhi High Court and was staying at 30 Tughlak Road in New Delhi. The cash was discovered during a firefighting operation after a fire broke out at his home on March 14, 2025.
ALSO READ: Notable Judgments by Justice Yashwant Varma: Delhi High Court
The lawyers’ association made this request in a letter dated June 2, 2025. In the letter, they asked the Chief Justice to allow the registration of a First Information Report (FIR) under the Prevention of Corruption Act, 1988, and the Bharatiya Nyaya Sanhita, 2023.
The letter was signed by BLA President Advocate Ahmed Abdi and Secretary Advocate Eknath R. Dhokale. They wrote:
“The Applicant is seeking your sanction to initiate criminal prosecution, including the registration of a First Information Report (FIR), against Hon’ble Mr. Justice Yashwant Varma, a sitting Judge of the Allahabad High Court, under the relevant provisions of the Prevention of Corruption Act, 1988, and the Bharatiya Nyaya Sanhita, 2023, in connection with the alleged recovery of unaccounted cash from his official residence.”
The lawyers stressed that every person is equal in the eyes of the law and that institutions must be held accountable. They claimed that there is strong evidence like photos and videos shared by the police which prove a serious crime has happened.
They also expressed worry that even after such serious allegations and evidence, no FIR has been registered yet. There has also been no official seizure or documentation (like a panchnama) of the burnt money. This, according to them, raises concerns about the investigation’s transparency.
They mentioned an important Supreme Court judgment from the K Veeraswami v. Union of India (1991) case. In that ruling, the top court said that even a judge is a “public servant” under the Prevention of Corruption Act and can be prosecuted if the Chief Justice of India approves.
The letter strongly asked the CJI to give this approval soon. The lawyers are concerned that delaying the process could result in destruction or tampering of important evidence.
“The petitioners in earlier pleas before the Supreme Court raised concerns about the potential destruction of evidence due to the delay in initiating criminal proceedings. The absence of an FIR, seizure of the alleged cash, or a mahazar (panchnama) raises questions about the integrity of the investigation process. Immediate action is necessary to ensure that evidence is preserved and the rule of law is upheld,”
-the letter says.
The BLA has also asked the Chief Justice to tell the Delhi Police or Central Bureau of Investigation (CBI) to take control of all important evidence—like the burnt money, photos, and video clips—to protect it from tampering.
They have also requested a copy of the internal committee’s report against Justice Varma. This report, they believe, can help them file a full and proper legal complaint.
Here is a timeline of how this case developed:
- March 14, 2025: A fire broke out at Justice Varma’s official residence in Delhi. While putting out the fire, emergency teams reportedly found approximately ₹15 crore in burnt cash.
- March 22, 2025: Then Chief Justice of India, Sanjiv Khanna, formed a three-judge committee to investigate. It included Chief Justice Sheel Nagu (Punjab & Haryana High Court), Chief Justice GS Sandhawalia (Himachal Pradesh High Court), and Justice Anu Sivaraman (Karnataka High Court).
- March 28, 2025: Justice Varma was transferred to the Allahabad High Court, and his judicial duties were suspended while the inquiry was ongoing.
- May 3, 2025: The inquiry committee submitted its report.
- May 6, 2025: Justice Varma submitted his response.
- May 8, 2025: A press release from the Supreme Court confirmed that both the committee’s findings and Justice Varma’s response were sent to the President and Prime Minister.
- May 21, 2025: The Supreme Court rejected a petition seeking immediate registration of an FIR against Justice Varma, calling it “premature.” However, the court said petitioners were free to approach appropriate legal authorities if needed.
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