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Impeachment Motion | Who Are The 3 Judges Probing Justice Yashwant Varma & Holds The Key To His Fate?

A special 3-member panel will decide the fate of Justice Yashwant Varma after large amounts of burnt cash were found at his Delhi home. The team includes top judicial minds from the Supreme Court, Madras High Court, and a veteran senior advocate.

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Impeachment Motion | Who Are The 3 Judges Probing Justice Yashwant Varma & Holds The Key To His Fate?

NEW DELHI: Lok Sabha Speaker Om Birla has set up a high-powered 3-member panel to investigate serious allegations against Justice Yashwant Varma, after a dramatic discovery of burnt cash at his official residence in Delhi created a national uproar.

This move comes after 146 Members of Parliament signed and endorsed an impeachment motion against Justice Varma. Om Birla confirmed that the motion will be taken up for consideration only after the committee submits its findings.

He said:

“The members of the Committee include Justice Arvind Kumar, Supreme Court Judge, Justice Maninder Mohan Srivastava, Chief Justice Madras High Court, and BV Acharya, Senior Advocate, Karnataka High Court. The committee will submit its report as early as possible. The proposal will remain pending till the receipt of the report of the inquiry committee.”

The panel consists of Supreme Court Justice Aravind Kumar, Madras High Court Chief Justice Manindra Mohan Shrivastava, and veteran Senior Advocate BV Acharya—three legal figures with long and respected careers.

Supreme Court Justice Aravind Kumar

Justice Aravind Kumar, originally from Bengaluru, earned his law degree from Bengaluru University and was active in student politics. Starting as an advocate in 1987, he practised in trial courts and later at the Karnataka High Court.

Over the years, he served in key positions including Additional Central Government Standing Counsel, Assistant Solicitor General of India, and Special Public Prosecutor for the CBI.

Known for his expertise in constitutional, tax, and election law, he became a High Court judge in 2009, Gujarat High Court Chief Justice in 2021, and a Supreme Court judge in 2023.

Madras High Court Chief Justice MM Shrivastava

Justice Manindra Mohan Shrivastava, currently Chief Justice of the Madras High Court, hails from Bilaspur, Chhattisgarh. A gold medalist in law from K R Law College, he began his career in 1987, practising in district courts and the High Court.

He worked as Standing Counsel for several government bodies including the Income Tax Department and Chhattisgarh State Electricity entities.

Elevated as a High Court judge in 2009, he later served in Rajasthan before taking charge of the Madras High Court in 2024.

Senior Advocate BV Acharya

Senior Advocate BV Acharya, one of Karnataka’s most respected legal veterans, began his career in 1957. He moved to the Karnataka High Court in 1972 and became known for his integrity and courtroom skill.

Serving five terms as Karnataka’s Advocate General between 1989 and 2012, he gained national recognition as the Special Public Prosecutor in the high-profile disproportionate assets case against former Tamil Nadu Chief Minister Jayalalithaa.

He has also been honoured with multiple awards, including an honorary doctorate from Mangalore University.

Justice Yashwant Varma And Burnt Cash Found at Delhi Bungalow: A Timeline Of Events

With this, the Supreme Court made it clear that the findings of the in-house panel will stand, and the recommendation for his removal due to misconduct is valid.

LATEST HEARING IN SUPREME COURT

The Supreme Court of India on Aug 7 rejected a petition filed by Justice Yashwant Varma of the Allahabad High Court. Justice Varma had challenged the recommendation made by the former Chief Justice of India (CJI), Justice Sanjiv Khanna, to remove him from his position.

This recommendation came after a large amount of cash was allegedly found at his official residence in Delhi following a fire incident.

A bench of Justices Dipankar Datta and A.G. Masih said that the way the in-house committee was formed and the steps it took for the inquiry were not illegal.

“We have held that CJI and the in-house committee had scrupulously followed the process except uploading photos and video and we have said it was not required. But nothing turned on it because you did not challenge it then. We have held that CJI sending letter to the Prime Minister and President was not unconstitutional. We have made certain observations where we have kept it open for you to raise proceedings if needed in the future. With this we have dismissed the writ petition,”

-the Supreme Court stated.

Justice Varma had approached the Court to declare that the recommendation for his removal was unconstitutional and not as per law. He also questioned the in-house committee’s report, which had found him guilty based on the recovered cash.

According to Justice Varma, there was no formal complaint against him, yet the in-house inquiry was started. He claimed that by publishing the allegations through a press release, the Supreme Court exposed him to an “unprecedented” media trial.

Background of the Case

The matter began on March 14 when a fire broke out at Justice Varma’s residence. Firefighters who responded reportedly discovered bundles of unaccounted cash burning inside. A video also surfaced that showed cash burning in the flames.

Justice Varma denied all allegations of corruption and called the incident a conspiracy to frame him. This led the Chief Justice of India to set up an in-house investigation committee on March 22.

Following the controversy, Justice Varma was transferred back to his parent High Court in Allahabad, where he took oath again, but the Chief Justice had ordered that he should not be assigned any judicial work.

The in-house probe committee was made up of:

The committee started its inquiry on March 25 and submitted its final report on May 3. Former CJI Khanna received the report on May 4 and forwarded it to the President of India, recommending Justice Varma’s removal from office.

Justice Varma, in his petition, claimed that this entire procedure was wrong because it was initiated without a complaint and did not follow the principles of natural justice. He also said the committee did not tell him how the inquiry would be done, nor was he allowed to respond properly to the evidence.

He questioned the findings regarding the cash, stating that it was not clear whose money it was and how much was recovered.

He also accused CJI Khanna of forcing him to resign or retire within an “unduly restricted timeline.”

Arguments in Court

Senior Advocate Kapil Sibal, representing Justice Varma, told the Court that an in-house committee can only give suggestions and cannot be the sole reason for impeachment.

He argued that the committee’s findings cannot automatically lead to removal as per the Constitution (Article 124) and the Judges Inquiry Act, 1968.

“In-house process was placed in 1999 for seeing what action can be taken. Chief justice is not a post office and he also has some duties towards the nation. If the CJI has material to believe that there is misconduct he can inform that and that he has informed the President and Prime Minister that is all,”

-said Justice Dipankar Datta during the hearing.

The bench also questioned why Justice Varma delayed filing the petition.

“If you challenge the constitutionality of the provisions you should have come early…you say you are not heard and then there is delay. Whatever observations you are getting now, you could have got then,”

-Justice Datta observed.

In response, Sibal argued:

“But it is about my fundamental rights. I can raise the points now.”

The bench replied:

“You have to show the violation of procedure was there by the Chief Justice of India. When you know in house proceedings can trigger impeachment and you think only parliament can do it you should have come then and there.”

Sibal also pointed out that Justice Varma was not given a chance to cross-examine witnesses.

Senior Advocate Mukul Rohatgi, also representing Justice Varma, reminded the court about the case of former SC judge Justice Soumitra Sen.

“Please see Soumitra Sen case of Kolkata. It is stated he was called and was heard,”

-Rohatgi said.

Despite all arguments, the Supreme Court ruled that the process followed by the CJI and the committee was legally correct.

The Court observed that the Chief Justice has a duty beyond just forwarding recommendations and that the in-house process is meant to uphold the judiciary’s integrity.

The Bench framed 6 questions for consideration, and gave the following rulings

1. Maintainability: The Court held that the conduct of the petitioner did not inspire confidence. As a result, the writ petition was not entertained.

2. Challenge to Procedure: The Court rejected the petitioner’s argument that Paragraph 5 of the in-house procedure violates Articles 214 and 217 of the Constitution, calling the challenge “without merit.”

3. Alleged Procedural Deviations: The Court found no deviation in the process adopted by the CJI or the inquiry committee, barring the non-uploading of video recordings, which, it noted, was never raised as a grievance.

4. CJI’s Role Under Para 7(2): The bench ruled that the Chief Justice forwarding the inquiry report to the President under Paragraph 7(2) was not unconstitutional.

5. Right to Personal Hearing: The Court dismissed the contention that the petitioner was denied a personal hearing, observing that the procedure did not require one.

6. Relief Sought: The writ petition was dismissed in full.

Additionally, the Court dismissed a separate plea by Advocate Mathews J. Nedumpara seeking registration of an FIR against Justice Varma.

Concurrent to Justice Varma’s now-junked petition, the government had begun the impeachment process on July 21, when the current monsoon session of Parliament began.

Over 145 MPs from across party lines submitted a notice to Lok Sabha Speaker Om Birla calling for an investigation into Justice Varma and the cash-at-home row.

Appearance:

Senior Advocates Kapil Sibal, Mukul Rohatgi, ⁠Rakesh Dwivedi and Sidharth Luthra and ⁠Advocates George Pothan Poothicote, Manisha Singh, amongst others also appeared for Justice Verma

CASE TITLE:
XXX Versus THE UNION OF INDIA AND ORS
W.P.(C) No. 699/2025

READ PREVIOUS REPORTS ON JUSTICE VARMA:

Click Here to Read Our Reports on CJI BR Gavai

Click Here to Read Our Reports on Justice Yashwant Varma

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