The petition, filed by Advocate Mathews Nedumpara, argues that instead of transferring Justice Varma, a criminal case should be registered against him.
NEW DELHI: The Supreme Court will hear a petition today seeking the registration of an FIR against Delhi High Court judge, Justice Yashwant Varma, in connection with the cash controversy.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan will hear the case.
The petition, filed by Advocate Mathews Nedumpara, argues that instead of transferring Justice Varma, a criminal case should be registered against him.
Advocate Nedumpara has urged the Supreme Court to reconsider the 1991 Constitution Bench ruling in K. Veeraswami v. Union of India, which held that no criminal case could be registered against a High Court judge, Chief Justice of a High Court, or Supreme Court judge without prior consultation with the Chief Justice of India.
Challenging this precedent, the petition argues: “The directive preventing the filing of an FIR was likely not intended by the Hon’ble judges at the time. However, it effectively creates a privileged class of individuals immune from the penal laws of the land. While most judges are esteemed for their erudition, integrity, and independence, instances of judicial corruption—such as judges being caught red-handed accepting bribes—cannot be ignored. The Veeraswami ruling has, to the petitioners’ knowledge, even obstructed FIRs in cases involving POCSO offences.”
Additionally, the plea questions CJI Sanjiv Khanna’s decision to form a three-member committee on March 22 to investigate allegations against Justice Verma following the cash seizure.
Nedumpara contends that only the police have the authority to conduct such an inquiry: “The Collegium’s resolution granting investigatory powers to the committee is void ab initio, as the Collegium lacks constitutional or statutory authority to do so.”
According to media reports, a fire broke out at Justice Varma’s residence on the evening of March 14. This led to the accidental discovery of unaccounted cash. Justice Varma and his wife were not in Delhi at the time of the incident. His daughter and elderly mother were at home when the fire occurred.
Following this, allegations of corruption surfaced against Justice Varma. However, he has denied the claims, stating that it seems to be “a conspiracy to frame him.”
In-House Inquiry Initiated by the Chief Justice of India
After the allegations emerged, Chief Justice of India (CJI) initiated an in-house probe. On March 22, a three-member committee was formed to investigate the matter.
A video showing the recovery of burnt cash was reportedly shared by the Delhi Police Commissioner with the Chief Justice of the Delhi High Court. The Supreme Court later uploaded this video on its website.
Additionally, the Supreme Court also made public the report submitted by the Delhi High Court Chief Justice regarding the incident. Justice Varma’s response to the allegations was also published alongside the report.
On March 22, CJI Khanna set up a three-member committee to conduct an internal inquiry into the allegations. He also decided to upload the inquiry report of Delhi High Court Chief Justice D K Upadhyay on the Supreme Court website.
On March 24, the Supreme Court Collegium decided to transfer Justice Varma back to his parent court, the Allahabad High Court.
Justice Varma has denied all allegations, saying that “no cash was ever placed in the storeroom either by him or any of his family members.”
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