Vice President Jagdeep Dhankar urged that an FIR be filed in connection with the recovery of partially burnt sacks of cash from the residence of Justice Yashwant Varma.
Vice President Jagdeep Dhankar has expressed hope that a police case (FIR) would be registered soon in the matter related to the controversial transfer and swearing-in of Justice Yashwant Varma.
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Speaking on the issue, Dhankar said, “I find it very soothing and must congratulate you that the bar associations in the country are active on it. I hope an FIR is filed.”
During an interaction with members of the Punjab and Haryana High Court Bar Association in Chandigarh, Vice President Dhankhar highlighted the constraints faced by the government in initiating legal proceedings against a sitting judge.
He stated:
“The Government of the day is handicapped. It can’t register an FIR. Because there is a judicial order. And that judicial order is more than three decades old. It provides virtually impregnable cover. Unless permission is accorded by a functionary at the highest level in the judiciary, an FIR can’t be registered. So I pose a question to myself, in deep pain, worried, concerned, in anguish — why was that permission not given? That was the minimum that could have been done on the earliest occasion.”
Vice President Dhankhar further questioned the efficacy of judicial committees in addressing such serious allegations.
He remarked:
“I have raised the issue. Ultimately, if a motion is brought to remove a judge, is that the answer? If there has been a crime, a culpable act shaking the foundations of democracy — the rule of law, why wasn’t it punished? We have lost more than three months, and the investigation has not even been initiated. Whenever you go to court, they ask why the FIR was delayed.”
“Does the committee of judges have a constitutional sanction? Does it have statutory sanction? Can this report result in any outcome? Can this report, by itself, be actionable? If a judge removal mechanism is there, the Constitution says this removal mechanism can be initiated either in the Lok Sabha or the Rajya Sabha. This is the only way. Then this committee cannot substitute for an FIR investigation. Now, the separation of powers. Penal thing has to follow it.”
Emphasizing the need for a comprehensive investigation, Vice President Dhankhar stated:
“The People’s confidence… will be restored — only by very thorough investigation, proper investigation, scientific investigation.”
“Surely the cash will not come without a purpose. And the purpose can’t be legitimate.”
Acknowledging the role of lawyers and bar associations in upholding the rule of law, he said:
A Public Interest Litigation (PIL) was submitted to the Lucknow bench of the Allahabad High Court, requesting a directive to the Chief Justice to refrain from administering the oath to Justice Yashwant Varma, according to court sources.
The PIL referenced the ongoing internal inquiry initiated by the Chief Justice of India (CJI) regarding the discovery of “four to five semi-burnt sacks” of Indian currency notes at Justice Varma’s residence following a fire incident last month.
The controversy began when Justice Yashwant Varma, who was earlier serving at the Delhi High Court, took oath as a judge of the Allahabad High Court on April 5. However, what made this event unusual was that the oath-taking ceremony was held privately, instead of the usual public function. This decision has raised serious questions and triggered criticism from the legal fraternity.
The swearing-in comes at a time when an investigation is still underway into the shocking discovery of partially burnt sacks of cash found at Justice Varma’s residence a few weeks before his transfer. Despite officially taking charge, court sources have confirmed that Justice Varma has not yet been given any judicial or administrative duties in the Allahabad High Court.
His transfer has not only drawn attention due to the cash recovery but has also been challenged legally. A Public Interest Litigation (PIL) was filed before the Lucknow bench of the Allahabad High Court. The PIL urged the Chief Justice of the court to delay the swearing-in ceremony until the inquiry into the matter was fully completed.
Background
A fire broke out at Justice Varma’s home on the evening of March 14, during which unaccounted cash was inadvertently found by firefighters.
A video depicting the recovery of the burnt cash was reportedly shared by the Delhi Police Commissioner with the Chief Justice of the High Court.
At the time of the incident, Justice Varma and his wife were traveling in Madhya Pradesh, leaving only their daughter and elderly mother at home. On March 21, the Chief Justice of India (CJI) initiated an internal investigation into the allegations, appointing a three-member committee to carry out the inquiry.
As of now, the inquiry is still going on, and Justice Varma’s exact role and responsibilities at the Allahabad High Court remain unclear. Several legal experts and observers are closely watching the case, as it raises serious concerns over the transparency and integrity of judicial appointments in the country.
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According to the Allahabad High Court’s official website, Justice Varma completed his law degree from Rewa University in 1992 and became an advocate on August 8 of the same year. Over his legal career, he mainly practiced civil law, and handled a wide range of subjects such as Constitutional Law, Industrial Disputes, Corporate Affairs, Taxation, and Environmental Law. He was also appointed as Special Counsel for the Allahabad High Court from 2006, a role he served in until his elevation to the bench in 2012.
